Louisiana Criminal Records

According to recent statistics, Louisiana has a violent crime rate of approximately 6.29 incidents per 1,000 population (one of the highest violent rates in the United States), with a total index crime rate of 33.77 per 1,000 population.

Louisiana criminal records are official documentation of a person's interactions with the state's law enforcement agencies and criminal justice system as a whole. These records include, but are not limited to, warrants, arrest records, indictments, case dispositions, sentencing information, and jail/incarceration records. The Louisiana State Police, through its Bureau of Criminal Identification and Information, serves as the central repository for criminal record information in Louisiana and provides access to this information to authorized requesters under specific circumstances. However, while the Louisiana State Police is the central repository for criminal record information, various other agencies also maintain criminal record databases, including local law enforcement agencies, the Louisiana Judicial Branch, and the Louisiana Department of Public Safety and Corrections.

Are Criminal Records Public in Louisiana?

Per Louisiana Revised Statutes Title 44 (the state's Public Records Law), certain data within a criminal record, such as arrest information, convictions, and sentencing information, is accessible to any interested party. At the same time, certain criminal records and related information are also deemed confidential, restricted, or exempt from public access. These include juvenile records, law enforcement investigation records, expunged records, personal identifying information of crime victims, as well as any information that could reveal the identity of confidential informants and witnesses.

How To Look Up Criminal Records in Louisiana?

Louisiana is considered a "closed record" state, meaning that criminal history records are not publicly accessible. Per Louisiana Revised Statutes Section 15:587, only authorized entities, such as law enforcement, qualified employers, and licensing agencies, may obtain official/certified copies of criminal records through the Louisiana State Police's Bureau of Criminal Identification and Information (BCII). Eligible entities may submit requests for these records to the BCII online via the bureau's Internet Background Check platform.

Individuals may also obtain a certified true copy of their own Louisiana criminal history record by requesting a "Right to Review" from the BCII. This typically involves providing personal identifying information, submitting fingerprints via a state-approved vendor, and paying the stipulated fees ($26 plus any applicable fingerprinting fees). Inquiries on obtaining criminal records from the BCII may be directed to the bureau at (225) 925-6095.

How To Search Louisiana Arrest Records?

Louisiana arrest records are created and maintained by law enforcement agencies across the state, primarily parish sheriff's offices and municipal police departments, but also state-level agencies like the Louisiana State Police (LSP). These records document the details of the arrest and typically include information like:

• The name of the arrestee
• The date and location of the arrest
• The offense(s) that led to the arrest
• A brief description of the arrest
• The name of the arresting officer and the arresting agency
• The names of other individuals arrested at the same time or as a result of the same events

The most direct method of accessing a Louisiana arrest record is through the law enforcement agency that handled the arrest. The specific procedure for doing this may vary by agency, but generally involves submitting a formal request to the agency (either in person, via mail, or online) and paying the stipulated fees.

How To Search Louisiana Warrants?

Warrants in Louisiana are judicial orders issued by a judge or magistrate authorizing law enforcement officials to take specific actions, such as making an arrest, conducting a search, or seizing property. Warrants commonly issued in Louisiana include:

• Arrest Warrants: These warrants are issued based on probable cause and authorize the arrest of a person suspected of committing a crime. Arrest warrants generally remain active until the person is arrested or the warrant is recalled/cancelled by the issuing court.
• Bench Warrants: These warrants are issued directly from the "bench" when a person fails to appear in court or violates a court order and authorize the apprehension of the person in question. Bench warrants also typically remain active until resolved or recalled.
• Search Warrants: These warrants authorize law enforcement to search a specific location for evidence related to a crime and also seize property from this location. Search warrants are also issued based on probable cause; however, unlike arrest and bench warrants, they are typically only valid for 10 days after being issued (except where exempted by state law).

Louisiana does not provide public access to a statewide warrant search system. Nonetheless, some parishes offer online platforms that may be used to access information on individuals with outstanding warrants issued in their respective jurisdictions. You may also access information on active warrants in Louisiana by directly contacting either the local law enforcement agency or the Clerk of Court's office in the parish where the warrant was issued.

Can I Obtain a Louisiana Criminal History Record of Another Person?

Louisiana is a closed record state, and access to criminal history records is generally restricted to authorized entities, including law enforcement agencies, employers conducting background checks for positions in healthcare, childcare, law enforcement, and financial services, licensing bodies, and the subject of the record. As such, general members of the public cannot typically access a true/certified copy of another person's criminal history record. However, you may access certain criminal records, primarily conviction-related records (including the charges, case filings, hearings, and final judgments), through the Clerk of Court in the parish where the offense occurred. These criminal court records may also be accessed online via the eClerksLA platform (note that you will typically need to create a user account to utilize this option).

How To Expunge or Seal Louisiana Criminal Records

In Louisiana, expungement is a legal process that removes criminal records from public access, ensuring they are no longer visible in background checks. However, unlike in some states where expungement completely erases a record, Louisiana "seals" the record rather than destroying it. This means that it will still be accessible by authorized parties, including criminal justice agencies and certain employers and licensing boards.

Expungement in Louisiana is governed by Articles 971 to 986 of the Louisiana Code of Criminal Procedure. Per these statutes, non-conviction records (cases where a person was charged but not convicted) may be expunged at any time after the case's disposition. Conviction records may also be expunged after a stipulated waiting period has elapsed following the completion of the imposed sentence, which may range from 90 days to 10 years, depending on the type of offense. Be aware that certain offenses cannot be expunged in Louisiana. These include sex crimes, stalking, violent offenses, and crimes involving minors.

The state's expungement process generally involves the following steps:

• Gather Necessary Documentation: get details about the case/record that you need expunged, such as the arrest date, case number, and involved agencies. This information can typically be obtained from the Clerk of Court in the parish where the charges were filed.
• Determine Eligibility: verify whether the record is eligible for expungement and the stipulated waiting periods (where applicable) have been completed. Note that you must have also remained crime-free during this waiting period.
• File a Motion to Expunge: Submit a request to the court that handled the case (necessary forms may be obtained from the Clerk of Court). Filing fees are typically waived if the case resulted in dismissal or acquittal.
• Notice to Relevant Agencies: Once the motion is filed, the court typically notifies the Louisiana Bureau of Criminal Identification and Information (BCII) as well as the relevant arresting agency and district attorney's office, giving them the opportunity to object to the expungement request.
• Attend a "Contradictory Hearing": If any of the notified agencies object to the expungement, the court will schedule a hearing, where the objecting parties will state their reason for doing so.
• Court Order and Record Removal: If none of the notified agencies object and/or the court grants the motion to expunge, it will issue an expungement order directing all relevant agencies to remove the record from public databases.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Louisiana?

Under the Fair Chance Act, federal agencies and contractors cannot inquire about an applicant's criminal history until after making a conditional job offer. Guidance from the Equal Employment Opportunity Commission (EEOC), as well as state laws like Louisiana Revised Statutes Section 23:291.2, also require employers to make individualized assessments of applicants with criminal records based on the nature of the offense, time elapsed, and the nature of the job. Louisiana law also specifically prohibits employers from considering non-conviction records when making employment decisions.

Similarly, licensing boards are equally required to consider the nature and seriousness of a criminal conviction, its relationship to the duties and responsibilities of the licensed occupation, and the applicant's rehabilitation when making licensing decisions. Regarding housing, Louisiana generally adheres to federal Fair Housing Act guidelines, which prohibit blanket discrimination based on criminal records, and advise housing providers to consider the nature and severity of convictions and the potential risk to other tenants when making housing decisions.

Can I Access Louisiana Criminal Records for Free Online?

Several private websites claim to offer online access to Louisiana criminal records, often for free or a small fee. However, these sources may contain inaccurate, outdated, or incomplete information. For the most accurate and up-to-date records, it is best to contact the BCII. You may also utilize reliable sources like the Louisiana Clerks of Court Association's eClerksLA platform or reputable third-party platforms like LouisianaPublicRecords.us that aggregate data from these public and private sources.