Background Check in Louisiana: Screening Regulations & Laws
Running a background check in Louisiana can significantly impact the outcome of a person’s past investigation. These background checks offer a thorough examination of a person’s personal, work-related, and legal background, making them extremely valuable for employers, landlords, along with other organizations.
Background checks can assist in making well-informed decisions by confirming applicants’ qualifications and ensuring compliance with regulations.
In this guide, we are going to look at the process and details of a Louisiana background check, including how to acquire one and the different kinds of information it is able to uncover.
Also, we will be covering some of the legal issues surrounding background checks in Louisiana so you are able to be sure you are staying within the legal guidelines as you conduct these critical checks.
Need a Background Check?
What Is a Louisiana Background Check?
A Louisiana background check entails a thorough examination of a person’s past life, present profession and legal standing. Background checks are utilized by employers, landlords along with other organizations to ascertain the truthfulness of claims made by applicants, evaluate their skills and abilities and check if they meet the requirements for a particular position or responsibility.
Remember: These checks are essential for confirming that you are adhering to all relevant state and federal laws, making well-informed choices, and prioritizing safety.
How Do I Get a State Background Check in Louisiana?
State background check in Louisiana involves a few simple steps:
- Determine the type of background check needed: Identify the specific background check required. Determine if you require a criminal history check, confirmation of employment, or any other specific details.
- Gather necessary information: Gather the necessary information – full name, birthdate, social security number along with other pertinent details – about the individual.
- Visit the official website: Take a look at the website for the Louisiana State Police Bureau of Criminal Identification and Information.
- Submit the request form: You can use the website to request a background check. This could involve utilizing digital forms for quicker handling or providing forms that can be downloaded for submission by mail.
- Make the payment: Make sure to pay the necessary fee, which is going to depend on the specific kind of background check being conducted. One example, a standard criminal background check typically costs $26 per report.
- Provide fingerprints (if necessary): For certain types of background checks, such as those for specific professional licenses or positions involving children, you may need to submit fingerprints. Follow the instructions provided for fingerprinting services.
- Wait for the processing: The amount of time it takes to process may differ. Standard checks usually take 24 to 48 hours to process, while fingerprint-based checks take 15 to 21 business days to process.
- Receive the results: After the background check is completed, you are going to receive the results either electronically or through mail, according to your preferred delivery method.
What information is included in a Louisiana background check?
Depending on the purpose and scope of the check, a background check in Louisiana is able to reveal different types of information. Here are some of the most common background checks that show up:
Drug Testing
The results of drug testing reveal whether a person has consumed illegal substances. Many jobs, particularly those involving safety, require these tests as part of the hiring process. Employers make use of this information to guarantee a workplace that is free from drugs, a key component in upholding safety and efficiency.
Failing a drug test can make someone ineligible for certain positions, especially those that require working with transportation, heavy equipment, or vulnerable individuals. Employers need to adhere to legal procedures when administering and responding to drug test outcomes in order to meet state and federal guidelines.
Employment Verification
Employment background checks include dates, job titles, and previous employers of employment. This enables employers to confirm an applicant’s work history and evaluate their qualifications for the position. Anytime there are inaccuracies in the employment history, it can be a red flag that something is not right.
This information can be obtained by employers either directly from former employers or through third party verification services. Checking work history confirms that job seekers possess the required skills and background stated in their CVs, thereby minimizing the chances of bringing on board under qualified individuals.
Education Verification
The authenticity of academic qualifications of an individual is verified through education verification. This involves confirming qualifications, credentials, and the schools attended in order to validate the accuracy of the educational history provided. This is especially important for positions that necessitate certain educational credentials.
Education verification checks the authenticity of the individual’s academic credentials. It includes verifying degrees, certifications, and the institutions attended to ensure the accuracy of the educational background provided. This step is crucial for roles requiring specific educational qualifications.
Reviewing Driving History Record
Checking a person’s driving record will show their past driving history, such as tickets, accidents, and license suspension. This is especially true for those positions that involve some degree of driving, like delivery drivers or salespeople.
Employers conduct driving records checks to assess the level of risk involved with employing a person to drive company cars. These roles typically mandate a spotless driving history to guarantee the safety of workers and the general public, as well as reduce the employer’s potential legal responsibility.
Background Checks For Criminal History
When conducting a background check, you will have access to criminal history, such as arrests, convictions, in addition to time spent in jail. They play a crucial role in determining if individuals are suitable for positions of responsibility and trust. This information is critical for employers who want to ensure workplace safety and protect company assets.
Criminal background checks may include local, state and federal records, depending on the scope of the investigation. Employers need to be cautious in handling this information and comply with laws governing the use of criminal records in hiring decisions to prevent discrimination and legal issues.
Credit Background Checks
Credit background checks examine details like past payment records, credit ratings, and amounts of debt. These checks can be utilized by employers for financial responsibility positions to figure out the financial honesty and reliability of an applicant.
Having a bad credit history could signal financial insecurity, which may be worrisome for positions involving money or confidential financial data. Employers need to make sure that credit checks are applicable to the position and adhere to FCRA rules, while also giving candidates the required information.
Civil Court Searches
Civil court searches are used to find any legal disputes involving a person, including lawsuits, court decisions, and cases of bankruptcy. The information may be used to figure out the financial and legal standing of an applicant, especially for financial trustworthiness roles.
A civil court record can reveal what an applicant has done in the past and expose possible risks. Employers need to utilize this information wisely and in accordance with the law to prevent unfair discrimination and make well informed hiring choices.
What Are the Background Check Laws in Louisiana?
This guide provides detailed information on the laws regarding employment background checks in Louisiana.
- Title 23 of the Louisiana Revised Statutes: This statute governs many aspects of labor and employment , such as background checks. Employers must adhere to specific regulations to ensure background checks are conducted in a just and legal manner.
- Fair Credit Reporting Act (FCRA): The FCRA is a federal statute governing the collection and utilization of consumer credit data. Third-party agencies conducting background checks for employers in Louisiana must adhere to FCRA guidelines. If a decision is made against the applicant as a result of the findings, they must be provided with a copy of the report and their consent must be obtained.
- Louisiana Equal Pay for Women Act: This legislation seeks to stop the practice of paying different wages to employees based on their gender. Although background checks are not directly connected to this issue, they underscore the significance of implementing fair employment practices in Louisiana.
- Criminal Records Privacy Act: This law restricts access to certain criminal records in order to safeguard the confidentiality of individuals. Employers must take into account these restrictions when carrying out background checks to stay away from illegally obtaining or making use of criminal records.
- Louisiana Public Records Law: Certain Public Records may be viewed and accessed pursuant to the Louisiana public records Law. There are exceptions and restrictions, particularly when it comes to sensitive and personal data. Employers need to thoroughly understand these regulations while conducting background checks.
- Louisiana Child Protection Act: This law requires individuals who work with children to undergo background checks to make sure that those in roles of responsibility are carefully screened to safeguard the well-being of minors.
- Federal Equal Employment Opportunity Commission (EEOC) Guidelines: The EEOC establishes policies to prevent discrimination during the hiring process, such as background checks. These regulations must be followed by employers in Louisiana to avoid discriminatory practices.
- Federal Fair Housing Act: This legislation includes regulations regarding background checks within the housing industry. Although housing is its main focus, it highlights the broader principles of fairness and non-discrimination that can also apply to employment practices.
Local Louisiana Fair Hiring Laws
Fair hiring laws in Louisiana aim to ensure that all job applicants are treated equitably during the hiring process. These laws are designed to reduce discrimination and give individuals with criminal histories a fair chance at employment.
Louisiana’s fair hiring laws are designed to guarantee that all job seekers are treated fairly throughout the employment process. The laws were passed to prevent discrimination and provide people with criminal records a fair chance to find employment.
Key Jurisdictions and Applications:
- The ordinance in New Orleans provides individuals with a fair chance at employment opportunities. This law in the area forbids employers from inquiring about a candidate’s criminal record on the initial job application. Employers can only inquire about criminal histories after offering a job conditionally, ensuring that qualifications are the main focus during the hiring process.
- Similar employment practices are being followed in Baton Rouge (the capital city of Louisiana), with criminal background checks being carried out only after a job offer has been made, ensuring candidates are assessed based on their qualifications.
How Far Back Does a Background Check Go in Louisiana?
- Criminal Records: Background checks in Louisiana are generally carried out within a seven-year lookback period, as mandated by the Fair Credit Reporting Act (FCRA). A background check typically doesn’t include information on criminal convictions, tax liens, civil suits, or other relevant records that are more than seven years old.
However, there are exceptions for certain high-level positions, such as national security, where older convictions may still be considered. - Credit History: Similarly, the FCRA limits the reporting of negative credit information, such as bankruptcies and collections, to seven years. However, bankruptcies themselves can be reported for up to ten years.
- Employment History: The FCRA typically limits the reporting of criminal and credit records to seven years, but work history checks may cover an extended time based on the specific job and employer needs.
How Long Does a Background Check Take in Louisiana?
Background checks in Louisiana may take a few days to process based on the kind of check carried out and the particular steps involved.
- Standard Background Checks: Background check results which do not require fingerprinting or thorough manual examination are usually available within one to two days. This involves screening for any criminal records, past employment details, and educational verifications.
- Fingerprint-Based Checks: When a background check requires fingerprinting, such as for positions involving children, the elderly, or sensitive financial positions, the processing time can be longer. It can take between 15 and 21 business days to process the fingerprint data.
- Comprehensive Background Checks: The processing time for positions that require a more in-depth examination, such as verifying professional licenses, reviewing driving records, and checking credit reports, may vary. It can take up to a couple of weeks to conduct these checks, based on the complexity and agencies involved in the verification process.
What is the price of a Background Check in Louisiana
The cost of a background check in Louisiana may vary depending on the specific type and level of checks needed.
- Basic Criminal history Check: Obtaining a basic criminal history check from the Louisiana State Police is going to set you back $26 per report. The cost covers the first step in processing criminal history files.
- Fingerprint-Based Background Check: Extra charges may be incurred in case fingerprinting is necessary. The agency that conducts the check can charge anywhere from US $10 to US $25 for processing a fingerprint.
- Comprehensive Background Checks: On the other hand, conducting more intricate screenings like credit checks, verifying education, and confirming employment history may come with a higher price tag. These full – fledged checks can cost anywhere from $50 to $100.
- Third-Party Services: Employers may incur extra charges from third party background check services. The prices of these services may vary depending on the number of checks included and their complexity.
Where To Get A Background Check In Louisiana?
When looking for a background check in Louisiana, you have several options. You have the option to reach out to local government authorities.
The State Police performs comprehensive and trustworthy official background investigations, but you may be required to submit fingerprints along with other personal identification information. This technique is particularly beneficial for formal and legal matters, guaranteeing the accuracy and timeliness of the information.
You can also use online background check services. These platforms are easy to navigate and offer comprehensive data ranging from criminal histories to social networking accounts, making them useful for personal searches and even for professional purposes – but only the FCRA compliant services.
Best Background Check Sites
- TruthFinder – Best for in-depth insights
- Instant Checkmate – Best for quick searches
- BeenVerified – Best for easy access
For a more in depth background check in Louisiana, look no further than Truthfinder. This service provides everything you need, from criminal records and contact information to social networking profiles. Truthfinder offers a comprehensive perspective that is perfect for personal safety or professional confirmation.
Pros
- Comprehensive and detailed reports
- Includes social media profile information
- User-friendly interface
Cons
- Subscription-based service can be pricey
- Some information might be outdated
Star Rating
/ 5.0
Instant Checkmate is the perfect tool for those needing quick and reliable background checks in Louisiana. It offers quick outcomes for a variety of searches, including criminal histories and contact details. It is also a favorite for time-sensitive checks, as users love the speed at which they are able to obtain the information they require. Although it is effective, remember that the total cost of the subscription can accumulate over time.
Pros
- Fast and accurate results
- Covers a wide range of data
- Easy to use
Cons
- Subscription costs can be high
- Limited customer support options
Star Rating
/ 5.0
BeenVerified is a popular choice for convenient background check services in Louisiana. It provides a detailed overview of public records, including criminal backgrounds and addresses, presented in an easy-to-use layout. People appreciate how straightforward and affordable it is, making background checks hassle-free. Just be aware that sometimes the data might not be perfectly accurate.
Pros
- User-friendly and intuitive interface
- Comprehensive public record searches
- Affordable pricing
Cons
- Some data may be inaccurate
- Requires a subscription for full access
Star Rating
/ 5.0
Final Note On Louisiana Background Check
Anyone conducting background check screenings in Louisiana must be familiar with the laws regarding background checks. Understanding the rules and regulations is essential when bringing on a new team member, renting out property, or conducting background checks to ensure compliance and prevent potential legal complications.
By utilizing reputable background check websites such as Truthfinder, InstantCheckMate, and BeenVerified, you are able to access reliable and thorough information that will simplify and strengthen your decision making process.
Keep in mind that performing a background check calls for more than just gathering details about someone’s previous history. It’s about safeguarding and establishing confidence. And let’s be honest, it’s important to know the identity of the person you are interacting with.