Background checks are performed to unearth important details about a person’s personal and professional history. The confirmation of the information a person provided on an application is part of this process. The majority of background checks performed in Louisiana also look for criminal records, confirm education and training, examine civil records, and verify references. Let’s take a look at what a Louisiana background check entails.
Depending on the person, every background investigation will be slightly different. The specific areas to investigate will be determined by the purpose of the background check and the information the target of the inquiry provides.
Although the majority of employers begin their background checks on potential employees by looking up criminal records at the county level, the size and scope of states like Louisiana necessitate a different kind of investigation. Information from various counties that submit reports to a central database may be found through a statewide search. These investigations help identify crimes that have occurred outside of the subject’s immediate neighborhood or place of employment.
Citizens do have the right to access records under the Freedom of Information Act (FOIA). Before requesting any documents, it is important to be aware of the state’s legal requirements because each state has its own procedures.
Louisiana Public Records Law
The Louisiana Public Records Act, also referred to as the state’s Sunshine Law, first specifies what, besides those from which the Louisiana Constitution exempts, constitutes public records (including books, records, writings, photographs, microfilm, and more).
No matter where the process is in the process, a public official must respond to requesters in three days or less. If a request is ignored or rejected within five days after submission, legal action may be taken.
However, Louisiana does not have a formal appeals procedure like asking for the Attorney General’s opinion.
Exemptions from these are permitted by the constitution and include information related to public employees, juvenile offenders, sexual assault victims, security procedures, and trade secrets. The Louisiana Revised Statutes cover the specifics of the law’s application to the state’s legislative records.
Louisiana Background Check Laws
The Fair Credit Reporting Act is a federal law that limits the amount of background information that credit-reporting agencies and other third-party vendors can pass on to third parties.
While some states enact laws that cover the same territory with modifications, the state of Louisiana does not have a state equivalent of the federal Fair Credit Reporting Act. In order to understand federal and state regulation of background checks, it is necessary to understand credit reporting and how it impacts an individual’s finances.
A company known as a credit bureau or credit reporting agency collects consumer credit data and charges creditors for it. When a customer applies for credit cards or loans, they collect this data.
Credit bureaus combine this data and, using the credit histories they compile, give each person a credit score. They don’t actually make the loan approval decisions or issue the loans, but a person’s credit score is a key indicator of whether they will be approved for credit and under what terms.
Louisiana Laws on Pre-employment and Criminal Background Checks
The protection provided by the federal law is not expanded upon or duplicated by any state laws in Louisiana.
There are a few background check laws in state codes, but they seem to give Louisiana employers more freedom to use these investigations during the hiring process than they do to protect people’s privacy.
According to Louisiana Revised Statutes 23:291, the state offers total civil immunity to private employers who disclose details from background checks on a current or potential employee, either with the employee’s written permission or at the request of the owner or operator of the location where the employee works or may work.
According to Louisiana Revised Statutes 40:1203.1 to 40:1203.7, the state requires criminal background checks for certain jobs in the healthcare and safety industries, including nursing.
Revised Louisiana Statutes
In accordance with 15:587.1 and 15:587.1.1, applicants for jobs involving supervision or disciplinary authority over children must submit to background checks and provide information about their criminal histories.
Background Checks in Louisiana
Although there is currently no system in place in Louisiana that enables you to search the central state repository for criminal records, this does not preclude employers from supplementing their county-based lookups with broader checks to encompass more of the state.
It is advised for employers in all states to carry out employment verifications and address history checks as section of their pre-employment vetting. These actions can offer useful additional details about candidates, such as other counties where they have resided or held employment.
The majority of the time, when someone commits a crime, it happens close to where they live or work. It is reliable to order additional criminal checks in the counties where a job applicant has spent a lot of time to learn more about their criminal history.
Although there are 64 counties in Louisiana, your applicant may have only lived or worked in five of them. It is more practical for employers to order county criminal background checks in five counties rather than all 64. When a state repository check is not possible, using this tactic can give you additional peace of mind when hiring.
Working with various tools or online gateways such as backgroundchecks, business2.backgroundchecks, louisianapublicrecords, you can easily access background information at the state and county levels.
Anyone can also contact the Louisiana police department. However, you need to provide a written inquiry to the police. Individuals can use private investigators and online service providers to help perform a background check. This approach is optimal when you do not need formal documents.
A Louisiana background check is the only way to verifying information on someone. By utilizing the above listed tips, you will quickly find out the truth about anyone in the state.