Criminal background screening is important in Louisiana in several contexts. Conducting this screening varies from state to state. This article discusses the essentials of criminal background screening in Louisiana.
Criminal Background Screening Basics
Criminal background screening is the process of reviewing an individual’s criminal history. This is the reason why some call it a criminal history check.
Several situations require this screening such as employment, tenancy, professional licensing and certification, volunteer work, adoption and foster care, firearms purchase, immigration and visa application, and certain professional services.
Criminal Background Screening Compliance
Louisiana criminal background screening complies with federal and state laws.
Federal Laws
Fair Credit Reporting Act (FCRA)
The FCRA regulates how background screenings are conducted, including collecting, using, and disclosing information. It ensures its accuracy, fairness, and privacy. It secures individual’s rights.
The requesting agency must get written consent from the applicant before conducting the background investigation. Together with this is the assurance that FCRA procedures will be followed.
Civil Rights Act, Title VII (Equal Employment Opportunity)
This law prohibits discrimination in employment based on race, color, religion, sex, or national origin.
State Laws
Cost of Background Checks
The requesting agency cannot charge the applicant for background screening costs, including fingerprinting and drug testing.
Authorized Agencies
Louisiana is a closed record state. Only authorized agencies certified by the Louisiana State Police can conduct background screenings. Comprehensive Screening Solutions is a Louisiana-authorized agency.
Ban-the-Box
Louisiana has adopted the Ban-the-Box law prohibiting employers from asking about an applicant’s criminal history before the initial interview. This inquiry should occur after the interview to ensure fair hiring practices.
Social Media Privacy
Employers are barred from requesting social media account login credentials from applicants. This protects individual privacy rights.
Immunity for Employers
Employers are generally immune from civil liability for disclosing criminal background information if they have obtained the applicant’s consent and conducted the check within legal boundaries.
Healthcare Providers
Healthcare providers such as non-licensed and licensed ambulance personnel have specific guidelines including mandatory criminal record checks.
Criminal Background Screening Types
The types of criminal background screening are the following:
Criminal Record Checks
These checks review past criminal convictions, pending cases, and sometimes arrest records. This information is obtained from state and local court records and the Louisiana State Police.
Sex Offender Registry
Checking the sex offender registry is possible through the Louisiana State Police.
Fingerprinting
Fingerprint-based background screening is a national-level screening. The Louisiana State Police will receive the fingerprint and forward it to the Federal Bureau of Investigation (FBI) for a national-level check.
Criminal Background Screening Reporting
Here are some limitations on criminal background screening reporting in Louisiana:
Reporting Period
Non-conviction records, meaning arrests that did not lead to a conviction, have a reportable limit of seven years. However, criminal convictions do not have a reporting limit.
Expunged Records
In Louisiana, expunged records do not appear on background screenings and cannot be used in hiring decisions.
Criminal Background Screening Resources
Criminal background screening has two main resources.
Louisiana State Police
Louisiana State Police provide criminal history information to employers and other requesting agencies. However, most information is available through authorized agencies.
Professional Background Screening Companies
Many employers rely on third-party companies for criminal background screenings. Most of these companies are authorized by the Louisiana State Police and are well-versed in the relevant laws and regulations. Therefore, hiring companies, like Comprehensive Screening Solutions, ensures a prompt and smooth screening process.
Final Thoughts
Criminal background screening is vital in Louisiana in various contexts. However, it is a complex process involving federal and state laws. Because of this, hiring a professional Louisiana-authorized agency is wise. It will hasten and comply with the relevant regulations.