Louisiana Arrest Records
Louisiana Arrest Records refer to official documents that provide information about an individual's interactions with law enforcement agencies in the state. These records contain details of arrests, charges filed, court proceedings, and the case's final disposition.
When a person is arrested in Louisiana, the arresting agency creates an arrest report that details the arrest circumstances, such as the date, time, location of the incident, and the reason for the arrest. This report also includes the person's personal information, such as name, birth date, and address.
Law enforcement agencies across Louisiana can access the arrest report information, which they enter into a statewide criminal database. They use this information to create the individual's arrest record, which contains all of the details of the arrest and subsequent legal proceedings.
One should note that being taken into custody and charged with a crime in Louisiana does not necessarily mean a person was convicted. It's entirely possible for an individual to be accused of a crime and undergo legal proceedings without ultimately being convicted.
Louisiana considers arrest records public records, and anyone who requests them can access them under the state Public Records Law.
However, law enforcement agencies may restrict access to these records in certain cases, such as when the information could compromise the safety of individuals involved or jeopardize an ongoing investigation.
What Laws Govern Arrests in Louisiana?
In Louisiana, arrests are governed by laws and regulations that ensure due process and protect the rights of the accused. These laws apply to law enforcement officers and private citizens who make arrests.
One of the essential laws governing arrests in Louisiana is the Code of Criminal Procedure (CCRP). This code sets out the procedures that law enforcement officers must follow when making an arrest, including the requirements for obtaining an arrest warrant or conducting a warrantless arrest.
The legal code also outlines the entitlements of the accused, including the privilege to abstain from speaking and the right to legal representation.
Additionally, Louisiana law requires that law enforcement officers have probable cause before making an arrest. Probable cause refers to a rational conviction founded on particular factual details and situations, indicating that an individual has engaged in criminal activity.
If Louisiana police officers arrest someone without probable cause, they may face the consequence of an unlawful arrest, and the court may suppress any evidence obtained as a result.
Moreover, Louisiana law allows private citizens to make arrests in specific situations. As per the regulations of Louisiana, an ordinary individual can apprehend a person if they observe them committing a misdemeanor or have reasonable grounds to suspect that a felony has been committed and the suspect is either attempting to abscond or pose a threat of harm.
However, citizens must also follow specific procedures when making an arrest, including notifying law enforcement as soon as possible.
What Is the Arrest Booking Process in Louisiana?
The arrest booking process in Louisiana involves a series of steps that law enforcement officers follow to register an individual's arrest in the state's criminal justice system.
Here is a breakdown of the process:
Arrest
The first step in the arrest booking process is the actual arrest of an individual by a law enforcement officer. The officer will read the individual their Miranda rights and take them into custody.
Transport to the Police Station
Once the individual is in custody, the officer will transport them to the nearest police station or jail for processing.
Identification
At the police station or jail, law enforcement officers will ask the individual to provide identifying information such as their name, address, and date of birth. If the individual cannot provide this information, the police will use other methods to identify them.
Fingerprinting and Mugshot
Law enforcement officers will then fingerprint and photograph the individual for their mugshot. They will add this information to the individual's arrest or criminal record.
Personal Property
The individual's personal property, such as their wallet, cell phone, and jewelry, will be confiscated and stored for safekeeping until released.
Medical Evaluation
Medical staff will evaluate the individual if they require medical attention before being processed further.
Booking
Law enforcement officers will then book the individual into the jail or police station's computer system, creating a record of the arrest, charges, and other pertinent information.
Bail
Following the booking process in Louisiana, the person in question may either be released on bail or detained in custody until their scheduled court appearance. The specific course of action will depend on the severity of the charges and the individual's criminal history.
If the individual is granted bail, they must appear in court at a specified date and time to answer the charges against them.
If an individual fails to appear in court, it may lead to supplementary charges and the annulment of their bail.
If the individual is ineligible for bail or unable to post bail, law enforcement officers will detain them in custody until their court appearance.
Court Appearance
During their court appearance, the individual can enter a guilty or not guilty plea in response to the charges brought against them.
If they plead not guilty, the judge will schedule a trial, and the individual will have the opportunity to present evidence and defend themselves against the charges. If they plead guilty, the judge will sentence them.
What Are Louisiana Mugshot Records?
When law enforcement agencies arrest and charge individuals with a crime, they usually capture photographs, commonly called mugshots, and added to the Louisiana Arrest Records.
They take photographs of individuals from various angles, including front and profile views, often accompanied by basic information about the individual, such as their name, date of birth, and the nature of the charges they face.
These photographs are often used to identify suspects in criminal investigations and create records of the individual's physical appearance at the time of the arrest. Mugshots in Louisiana are in a computerized criminal history database, which is part of the Automated Fingerprint Integrated System (AFIS) used by the Louisiana State Police (LSP).
The AFIS provides law enforcement institutions access to individual mugshots, lineups, and the state's ten-print fingerprint database via numerous Full Function Remote (FFR) sites and over 100 Livescan booking facilities in the state.
In Louisiana, mugshot records are public records, meaning they can be requested and viewed by anyone who submits a valid request. However, there are restrictions on how these records can be used and disseminated. For example, using a mugshot for commercial purposes, such as advertising or marketing, is illegal without the individual's consent.
Moreover, Louisiana law mandates the redaction of specific information from mugshot records before release. It includes any data that could identify a victim or witness and any information that could jeopardize an ongoing investigation or endanger an individual's safety.
Lastly, it is crucial to remember that mugshots do not imply a criminal conviction and that individuals are presumed innocent until proven guilty in a court of law.
To search and obtain Louisiana Mugshot Records, one can visit any Louisiana police station with access to AFIS.
How Long Does an Arrest Record Stay in Louisiana?
Louisiana Arrest Records can lead to significant implications for people, including hindering their chances of getting employed, finding suitable housing, and causing strain in their relationships. Therefore, knowing how long an arrest record stays on one's history is essential.
The length of time an arrest record stays on an individual's record in Louisiana depends on the case outcome. If the court dismisses the case or the individual is found not guilty, the arrest record will still exist but be sealed from public access. The record will only be accessible to law enforcement institutions and certain government agencies.
If a court convicts an individual of a crime, their arrest record will remain on their record permanently. However, Louisiana has a process called "expungement," which allows individuals to have their arrest record removed from public view under certain circumstances.
How To Expunge an Arrest Record in Louisiana
Expungement in Louisiana is the legal process of removing certain criminal records from public view or access. Through this process, the arrest or conviction record will become unavailable for public inspection, which includes potential employers or landlords. In Louisiana, a person arrested may be eligible for expungement if they meet specific criteria.
Here's how to expunge Louisiana Arrest Records:
Determine Eligibility
The first step in expunging an arrest record in Louisiana is determining eligibility.
Generally, individuals are eligible for arrest record expungement in the state if they have dismissed charges, arrests that did not result in a conviction, or a nonviolent misdemeanor or felony conviction.
Convictions for violent crimes, sex crimes, offenses against minors, misdemeanor domestic abuse battery, distribution of controlled dangerous substances, and misdemeanor stalking are not eligible for Louisiana expungement.
Furthermore, to be eligible for expungement, individuals must not have any convictions other than traffic citations, must have paid all fines and restitution, and must not have any pending charges. In addition, they must have waited the requisite period after completing their sentence, including any supervision, before applying for expungement.
If the law enforcement agency arrested someone, but the court dismissed the charges, the arrestee can apply for expungement in Louisiana after the time limit for prosecution has passed.
If the arrest resulted in a felony conviction, the individual must wait ten years. If it is a misdemeanor conviction, they must wait five years before they can file for expungement in Louisiana.
Obtain the Necessary Documents
To begin the expungement process, the individual seeking expungement must obtain the necessary documents. It may include court documents, police reports, and any other relevant paperwork related to the arrest.
File a Petition for Expungement
The next step is to file a petition for expungement with the court with jurisdiction over the case. When submitting a petition for expungement in Louisiana, the individual must provide supporting evidence and state why they are eligible.
To get the necessary petition forms, one can visit the Louisiana Clerks of Court Association (LCCA) website or the clerk's office in the court that presided over the case.
It is crucial to ensure the petition contains all required papers and documentation and is filed with the appropriate fee.
Attend the Hearing
If someone contests the expungement petition, the seeking party must attend the hearing and provide evidence to support their request. The prosecutor may also present evidence to challenge the petition at the hearing.
During the hearing, the court will consider several factors, including the nature of the offense, the individual's criminal history, and the potential impact that expungement will have on their life.
Obtain the Court Order for Expungement
If the court grants the motion for expungement, the individual seeking expungement must obtain a copy of the court order. To ensure a successful expungement in Louisiana, the individual should present the court order to all agencies involved in the arrest and file it with the appropriate court clerk.
How To Search Louisiana Arrest Records
Louisiana Arrest Records are available from the arresting authorities, whether local, parish, or state police. For convenience, certain organizations maintain online databases where people may access arrest records.
Criminal history includes arrests. Thus, interested parties may conduct an online background check through the LSP Internet Background Check (IBC) system or order a person's comprehensive criminal history report to find someone's arrest records.
To use the LPS IBC system, inquirers must create an account and obtain approval from the LSP. After those steps, users must enter the record holder's name into the search area to perform a criminal history check in this database. Note that each name search costs a significant fee.
To those who prefer comprehensive criminal history reports, eligible entities must complete an authorization form, include a disclosure form, and submit payment for the request. Then, mail the application packet to the LSP Bureau of Criminal Identification and Information (BCII) mailing address provided in the forms.
Only authorized entities, including the criminal record subject, regulatory authorities, Louisiana-based employers, licensing authorities, and health and Medicare agencies, can access comprehensive criminal history reports in Louisiana.
Note that individuals who want to acquire an arrest record in Louisiana must pay a fee to cover the cost of duplication, as mandated by state law for both physical and electronic copies of the document.
Counties in Louisiana
- Acadia
- Allen
- Ascension
- Assumption
- Avoyelles
- Beauregard
- Bienville
- Bossier
- Caddo
- Calcasieu
- Caldwell
- Cameron
- Catahoula
- Claiborne
- Concordia
- De Soto
- East Baton Rouge
- East Carroll
- East Feliciana
- Evangeline
- Franklin
- Grant
- Iberia
- Iberville
- Jackson
- Jefferson
- Jefferson Davis
- La Salle
- Lafayette
- Lafourche
- Lincoln
- Livingston
- Madison
- Morehouse
- Natchitoches
- Orleans
- Ouachita
- Plaquemines
- Pointe Coupee
- Rapides
- Red River
- Richland
- Sabine
- Saint Bernard
- Saint Charles
- Saint Helena
- Saint James
- Saint Landry
- Saint Martin
- Saint Mary
- Saint Tammany
- St John The Baptist
- Tangipahoa
- Tensas
- Terrebonne
- Union
- Vermilion
- Vernon
- Washington
- Webster
- West Baton Rouge
- West Carroll
- West Feliciana
- Winn