Louisiana Criminal Records

Louisiana Criminal Records refer to a comprehensive database of information about individuals convicted of criminal offenses within the state. These records are maintained by various law enforcement agencies, including the Louisiana State Police (LSP) and local Sheriff's Offices.

Criminal records in Louisiana typically contain a range of information about an individual's criminal history, including:

Personal information, such as the full name, date of birth, race, and gender
Any known aliases
Mugshots
Fingerprints
Details of any arrests, including the arrest date and time, the arrest reason, and the agency that made the arrest
A list of any charges, along with the date and location of the offense
A list of any criminal convictions, including the offense type, the conviction date, and the court where the conviction took place
Information about the sentence, including the length of any prison or jail time, fines, probation, or other penalties
Any outstanding warrants.
Any court proceedings related to the individual's criminal history, including transcripts of hearings and trial records

One of the primary uses of criminal records in Louisiana is for background checks. Employers are required by law to conduct background checks on potential employees, and the information contained in these records is an essential part of that process.

It allows employers to assess the risk posed by potential employees and to make informed decisions about whether to hire them.

The law that makes these records public is the Louisiana Public Records Law. Under this law, most criminal records are considered public information and can be accessed by members of the public upon request.

However, there are some exceptions to this general rule. For example, certain juvenile criminal records may be sealed or expunged, and some sensitive information, such as the names of victims of certain crimes, may be redacted from public documents.

What Are the Types of Crimes in Louisiana?

Louisiana Criminal Records can contain varying information based on the type of crimes of the subject. The records may include a range of significant offenses committed by an individual in Louisiana, such as:

Felonies

Felonies are the most severe category of criminal offenses that typically involve causing significant harm to individuals or property. When an individual is arrested for a felony crime, it often involves inflicting severe injury, causing death, or substantial loss of property.

While many states categorize felonies as Class A, B, or C, Louisiana takes a different approach. The state has established specific descriptions and sentencing guidelines for each felony offense.

Below is a list of the primary felony crimes recognized by Louisiana:

First-degree Murder

The Louisiana felony of first-degree murder applies to individuals convicted of deliberately and intentionally planning and executing a murder.

The penalty for this offense is either the death penalty or life imprisonment with hard labor. In either case, the offender is not eligible for parole, probation, or suspension of the sentence.

Second-degree Murder

In Louisiana, a person commits second-degree murder by intentionally killing another person without premeditation or a specific plan to commit the murder. It suggests the murderer acted in the heat of the moment or with unexpected rage.

Under Louisiana law, second-degree murder is punishable by life imprisonment with hard labor and without the possibility of parole, probation, or suspension of sentence.

Aggravated Rape

In Louisiana, aggravated rape is a severe criminal offense defined as rape committed under certain aggravating circumstances.

These circumstances encompass instances where a hazardous tool or physical strength capable of causing severe harm is utilized against a victim below 13 years of age or unable to give consent owing to mental incompetence or physical incapacitation.

Generally, the punishment for this offense is life imprisonment without the possibility of parole and with hard labor. However, the death penalty is possible in certain circumstances, such as when the victim is a juvenile under 13.

Manslaughter

In Louisiana, manslaughter is a criminal offense involving killing someone without malice or premeditation.

The punishment for manslaughter in Louisiana varies based on the specific circumstances of the crime. In general, manslaughter is a felony offense with a maximum sentence of 40 years in prison.

First-degree Robbery

One of the most severe offenses under Louisiana law is first-degree robbery, which involves stealing property valued at over $500. If convicted, a defendant may face a lengthy prison sentence ranging from three to 40 years of hard labor.

Third-offense Theft

The theft crime on a third offense is subject to Louisiana's "three strikes" law, which means that an individual convicted of this offense for the third time faces serious consequences. In this case, the punishment can be up to 20 years in prison.

Misdemeanors

In Louisiana, a misdemeanor offense is any crime not classified as a felony. It means the offense is punishable by imprisonment in a parish jail rather than a state prison.

Unlike most other states, Louisiana does not categorize misdemeanors into different classes or categories based on their severity. Instead, the state's criminal laws specify the exact punishment for each misdemeanor offense.

Examples of misdemeanor offenses in Louisiana include:

First Protective Order Violation

If an individual violates a protective order, including those issued under Louisiana's domestic violence laws, it is considered a nonviolent first offense. This offense is punishable by up to six months in jail, a fine of $500, or both.

Domestic Battery

In Louisiana, committing battery against a family or household member is a misdemeanor offense that can result in severe consequences. The punishment for this offense may include a jail sentence ranging from 30 days to six months, a fine of $300 to $1,000, or both.

Cyberbullying

Cyberbullying is a grave offense in Louisiana, and individuals who engage in this behavior can face significant legal consequences. The maximum sentence for this misdemeanor is six months in jail, a $500 fine, or both.

Property Theft

Theft of property valued at less than $1,000 is a misdemeanor offense in Louisiana that can result in serious legal consequences. Punishments for this offense may include up to a $1,000 fine, up to six months in jail, or both.

Defacing Property With Graffiti

Defacing property with graffiti in Louisiana can lead to significant legal penalties, especially if the damage caused is less than $500. Those found guilty of this offense may face up to six months in jail, a fine of $500, or both.

Disturbing the Peace

Disturbing the peace is considered a misdemeanor offense in Louisiana, and individuals found guilty of this crime may face serious legal consequences. Generally, those found guilty of this violation must face up to a $100 fine, serve a 90-day jail sentence, or both.

Certain circumstances in Louisiana can lead to upgrading some misdemeanors to felonies. It may occur when the defendant has a specific number of prior convictions or when certain aggravating factors are present.

How Does Probation Work in Louisiana?

Probation is a legal arrangement that permits an individual convicted of a crime to avoid serving their jail sentence and stay in their community under the watchful eye of a probation officer. Offenders may serve a portion of their prison term before beginning probation, or courts may replace their jail time with probation.

The decision to grant probation is entirely at the judge's discretion, and there are no set specific criteria for eligibility. Generally, probation is only for first-time offenders and those with nonviolent criminal records. However, individuals with criminal convictions other than minor misdemeanors are unlikely to be granted probation.

The Division of Probation and Parole (DPP) of the Department of Public Safety and Corrections (DPSC) supervises offenders on probation in Louisiana. The probation officer assigned to the offender is responsible for monitoring their compliance with the terms and conditions of their probation.

Terms and Conditions of Probation in Louisiana

After placing an offender on probation, they must comply with specific terms and conditions set by the court. These conditions may include the following:

Regular meetings with a probation officer
Random drug testing
Employment or education
Paying all child support
Complying with the court's restitution orders
Curfew
Firearms possession prohibition
Community service
No contact with victims
Abstaining from alcohol and drugs

Failure to comply with these terms and conditions may result in the revocation of probation and a return to prison or jail.

The length of probation in Louisiana can vary depending on the offense and the court's decision. Generally, as per Chapter 2 of the Code of Criminal Procedure (CCRP) 893, the maximum probation period in Louisiana is three years.

However, suppose a defendant in Louisiana is ordered by the court, with the district attorney's approval, to complete a specialized program such as a drug division program, a mental health court program, a reentry court program, or a specific probation pilot program. In that case, the court may place the defendant on probation for up to eight years.

How Does Parole Work in Louisiana?

Parole in Louisiana is a legal arrangement that allows an individual convicted of a crime and sentenced to prison to be released early under certain conditions. The Louisiana Board of Pardons and Committee on Parole (LBPCP) of the DPP oversees parole decisions and processes in the state.

To be eligible for parole, an inmate must serve a minimum portion of their sentence.

For example, an individual serving a life sentence (except for a life sentence for a conviction of first or second-degree murder) must serve a minimum of 25 years before becoming eligible for parole.

The LBPCP then reviews the inmate's case, considering their criminal history, behavior while incarcerated, and the nature of their crime before deciding whether to grant parole.

If the LBPCP grants parole, the inmate is released from prison and placed under the supervision of a parole officer. The officer oversees the parolee's compliance with the conditions of their parole, which typically include drug and alcohol testing, regular check-ins, and prohibitions on certain activities or associations.

The parolee must also follow specific guidelines and conditions set forth by the LBPCP, including finding and maintaining employment, participating in counseling or treatment programs, and attending support group meetings.

If a parolee violates their conditions, their parole officer may file a report with the LBPCP. The board then reviews the case and decides whether to revoke the individual's parole, which could result in their return to prison.

How Does Expungement Work in Louisiana?

Expungement is a legal process that removes Louisiana Criminal Records from official sources and restores individuals to their status before the offense.

Louisiana law erases the record from all government databases while maintaining a confidential file of expunged records that is only accessible to law enforcement, judges, and a few state licensing agencies. An expunged record in the state will not be visible to employers, landlords, and banks.

The expungement process in Louisiana is subject to specific eligibility requirements and procedural rules.

Expungement Eligibility in Louisiana

Generally, individuals are eligible for expungement if they have dismissed charges, were found not guilty, or only have a nonviolent felony or misdemeanor conviction.

However, individuals cannot expunge a conviction for a violent crime, a sex crime, an offense against a minor, a domestic abuse battery (misdemeanor), a misdemeanor stalking, and a conviction of illegal distribution of controlled substances.

Additionally, individuals must have no convictions except traffic citations, have no pending charges, have paid all fines and restitution, and have waited the required period after completing their sentence to apply for Louisiana expungement.

An individual convicted of a felony must wait for ten years, whereas for a misdemeanor conviction, the waiting period is five years.

Suppose a person was arrested but not prosecuted, such as when the charges were dismissed formally, a motion to suppress was granted, or they were acquitted. In that case, they may file for expungement earlier. However, they still need to wait until the time limit for bringing the prosecution has expired before filing for expungement.

For felonies that carry a term of imprisonment "at hard labor," the person must wait six years; for all other felonies, they must wait four years.

The person must wait two years for misdemeanors with a fine or jail time. Finally, the person must wait six months before applying for expungement for crimes that carry just a fine, like traffic violations.

Expungement Process in Louisiana

Once eligible, individuals must obtain the appropriate forms and gather the necessary documents to initiate the expungement process.

One can obtain the relevant petition forms by accessing the Louisiana Clerks of Court Association's website or visiting the clerk's office in the presiding court.

After completing the required paperwork and getting their criminal record, they can file their petition for expungement with the court clerk.

Ensuring all required forms and documents are included with the petition and paying the applicable fee when filing are vital steps to take.

If someone contests the petition, they must attend a hearing to present their case to the court. 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.

Once a Louisiana court grants an expungement, it orders all state agencies to remove their records. It means that the history will no longer be accessible to the public, including potential employers, landlords, and others who may perform a background check. Additionally, individuals with expunged records can legally deny being arrested or convicted.

How To Obtain a Criminal Record in Louisiana

Obtaining official Louisiana Criminal Records can be a relatively straightforward process, but it requires knowledge of the available methods and the requirements for each. There are three main ways to obtain a criminal record in Louisiana, and each method is best suited for specific types of requesters.

The first method is through the LSP Internet Background Check (IBC) system. This method is ideal for organizations or individuals who frequently conduct criminal record checks, as it is the most convenient and efficient method.

However, prior authorization from the LSP is necessary for new users before conducting searches in the IBC system. It is important to note that each name-based criminal record search comes with a fee, and account registration is a must for this online service.

The second method is through the mail. To request a Louisiana Criminal Record by mail, the requester must prepare a set of fingerprints, an authorization form, and a disclosure form. The requester must also prepare payment through money order, cashier's, or business checks.

After completing all the requirements, mail the application packet to the LSP Bureau of Criminal Identification and Information (BCII). The mailing address of the BCII is in the forms. This method is particularly suitable for organizations requiring occasional criminal record checks since the request can take up to 15 to 21 days to process.

The last method is for individuals who wish to obtain or review their criminal records in person. To process the request, these individuals must visit the BCII office at 7919 Independence Blvd, Baton Rouge, LA, and present a valid state-issued photo ID or driver's license. Aside from the processing fee, there's an additional cost for fingerprinting in this method.

Refer to this page for the updated methods, fees, and other concerns about obtaining Louisiana Criminal Records.

What Are the Criminal Background Check Laws in Louisiana?

Criminal background checks are essential for employers to decide who they hire. However, these checks must comply with state and federal laws.

Beyond the rules of the Fair Credit Reporting Act (FCRA) and Title VII of the 1964 Civil Rights Act, employers in Louisiana are subject to several state limitations. These limitations safeguard Louisiana potential workers and job candidates from unethical hiring practices.

One such prohibition is in Louisiana Revised Statute (LA RS) 23:897, which forbids recruiting managers from making candidates pay for background checks, drug testing, or medical examinations necessary for hiring decisions. The government may fine employers up to $100 or send them to jail for three months if they break this legislation.

In addition, LA RS 42:1701 prohibits state entities in Louisiana from asking about applicants' criminal histories on application forms. Agencies must not ask about the candidates' criminal histories before interviewing them or making conditional employment offers.

Furthermore, Louisiana's "Fair Chance" law, which came into effect in 2021, aims to give individuals with an arrest record or conviction history a fair chance in hiring. When hiring, the law restricts employers from considering an applicant's arrest record or criminal history.

When making a final hiring decision, an employer must not consider an individual's arrest record or charges that did not result in a conviction. Additionally, they cannot consider a conviction that has been sealed, dismissed, set aside, expunged, or pardoned.

If the applicant has a criminal conviction, the employer must conduct an "individualized assessment" of the applicant's criminal history to determine if it directly relates to the specific job duties and could justify denying the position.

When considering candidates for employment, employers must comply with Louisiana's criminal background check laws. To navigate this complex area and avoid potential legal issues, seeking legal guidance is highly recommended.