Louisiana background check laws for employers

At a glance

The Louisiana rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: All employers (no size threshold in the statute)

In force since: August 1, 2021

Louisiana has no ban-the-box timing rule for private employers; an employer may ask about convictions on the application. What the law requires is an individual assessment: before denying a job over a criminal record, the employer must decide whether the record has a direct and adverse relationship with the job’s specific duties, weighing the nature and gravity of the offense, the time elapsed, and the nature of the job. On written request, the employer must give the applicant any background-check information used in hiring. Non-conviction arrests may not be considered at all.

Exceptions

• Where another law provides otherwise

La. R.S. 23:291.2(B) · La. R.S. 23:291.2(C) · Act 406 of 2021 (HB 707), bill history · La. R.S. 23:291(D)(1)

What a background check report may include

Who it covers: All employers making hiring decisions

In force since: August 1, 2021

Louisiana sets no CRA-side time limits beyond the federal FCRA. The limit sits on the employer: when making a hiring decision, an employer may not request or consider an arrest record or a charge that did not result in a conviction if it came through a background check. Expunged records are confidential and are not public records (C.Cr.P. art. 973(A)). Since August 1, 2025 the state bureau may not disseminate juvenile criminal-conduct records as a criminal background check to anyone outside the criminal justice system (Act 364 of 2025).

Exceptions

• Where another law provides otherwise

La. R.S. 23:291.2(A) · C.Cr.P. art. 973(A) · Act 364 of 2025 (HB 445), résumé digest

Sealed and expunged records

Who it covers: All employers (governs what the applicant must disclose and what agencies may release)

Expungement in Louisiana is still by motion (C.Cr.P. arts. 976-978). An expunged record is confidential and not a public record, and a person whose record is expunged need not disclose the arrest or conviction to anyone outside the article’s listed exceptions (art. 973(A), (C)). Act 454 of 2023 created an automated expungement process (art. 985.2), but the official code still marks article 985.2 effective only ‘upon appropriation of monies by the Legislature’, so it should not be treated as in force.

Exceptions

• Criminal justice agencies, prosecutors, and court orders (art. 973(A))
• Listed licensing boards and the Office of Financial Institutions, and requests under R.S. 15:587.1 (care-provider employers), on a confidential basis (art. 973(B))

C.Cr.P. art. 973(C) · C.Cr.P. art. 973(B) · C.Cr.P. art. 985.2, code note · C.Cr.P. art. 985.2(B) · C.Cr.P. art. 985.2(G) · Act 454 of 2023 (SB 111), bill history

Drug and alcohol testing procedures

Who it covers: Private employers of 1+ workers not under a federally mandated program

In force since: January 1, 1991

Louisiana regulates employer drug testing. R.S. 49:1001 et seq. applies to any employer with one or more workers unless it runs a federally mandated program. Testing covered by the chapter (marijuana, opioids, cocaine, amphetamines, PCP) must use USFDA-cleared immunoassay screening with confirmation at a SAMHSA-, CAP-FUDT-, or CAP-FDT-certified laboratory; positive samples are preserved for challenge testing; no DNA use. On-site screens with no employment consequence are outside the chapter.

Exceptions

• Employers subject to a federally mandated drug-testing program
• On-site screening tests with no negative employment consequences

La. R.S. 49:1001(4) · La. R.S. 49:1002(A) · La. R.S. 49:1002(J) · La. R.S. 49:1002(I) · La. R.S. 23:897(A)

The state consumer reporting law

Who it covers: Credit reporting agencies doing business in Louisiana; users who deny employment based on a credit report

In force since: May 15, 2018

Louisiana has a state credit-reporting statute, R.S. 9:3571.1. It requires credit reporting agencies to follow the federal FCRA and use reasonable care for accuracy. A consumer denied employment wholly or partly because of a credit report gets a free copy if they ask in writing within 60 days, and the employer must name the agency on request. Agencies must reinvestigate a dispute within 45 days and keep a two-year record of who received a report for employment purposes. A person denied employment on inaccurate information from an agency that failed to use ordinary care may recover actual damages and attorney fees. No employer disclosure or authorization step beyond federal law, no investigative-report rule, and no CRA registration.

Exceptions

• Security alert and freeze rules do not apply to databases of adverse information, including criminal records, used for employment screening (R.S. 9:3571.1(L)(4))

La. R.S. 9:3571.1(D) · La. R.S. 9:3571.1(E) · La. R.S. 9:3571.1(G)(1) · La. R.S. 9:3571.1(L)(4)

Where federal law alone applies

We found no Louisiana rule for private employers on these topics. The FCRA and other federal laws still apply.

• Credit checks
• Salary history
• Cannabis

Local rules

Some places in Louisiana add their own rules. A local rule applies on top of the state rule.

• New Orleans (city). City and city contractors (contract, grant, or cooperative endeavor agreement) may not ask about criminal history on the initial application; checks come after a first interview. Private employers without city contracts are not covered. Ordinance passed October 2018, effective March 1, 2019. New Orleans ban-the-box ordinance (2018), amending the City Code
• New Orleans (city) – credit checks. Equal Access to Employment Act: city contractors may not use consumer credit history in hiring or pay for employees doing 40+ hours a year on a city contract in New Orleans; fiduciary roles ($10,000+) exempt. Adopted June 23, 2016, effective December 23, 2016. Contractors only. New Orleans Equal Access to Employment Act (2016)
• New Orleans (city) – salary history. Executive Order MJL17-01 (January 25, 2017) bars salary-history questions for City of New Orleans employment. City jobs only. New Orleans Executive Order MJL17-01

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Louisiana requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Louisiana sets these for each new hire.

• State withholding. Have each new hire complete Form L-4 and keep it with your records; if the employee does not complete it, withhold Louisiana tax with no standard deduction. Form L-4 (R-1300)
• New hire report. Report each new hire to Louisiana within 20 days. State new hire reporting
• Notices at hire. Notice of wages, pay method and pay frequency.

Build the new hire checklist for Louisiana, with city rules, special cases and a due date for each item.

Sources

• La. R.S. 23:291.2(B)
• Act 406 of 2021 (HB 707), bill history
• La. R.S. 23:291(D)(1)
• C.Cr.P. art. 973(A)
• Act 364 of 2025 (HB 445), résumé digest
• C.Cr.P. art. 985.2, code note
• Act 454 of 2023 (SB 111), bill history
• La. R.S. 49:1001(4)
• La. R.S. 49:1002(A)
• La. R.S. 23:897(A)
• La. R.S. 9:3571.1(D)
• New Orleans ban-the-box ordinance (2018), amending the City Code
• New Orleans Equal Access to Employment Act (2016)
• New Orleans Executive Order MJL17-01

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.