Louisiana
Final grade: B-
Exclusion Grade
C-
Relevance Grade
A-
Due Process Grade
B
Strengths
- Boards may only use directly related crimes to disqualify applicants and must consider multiple factors, including evidence of rehabilitation.
- Created a predetermination petition process for ex-offenders.
Areas of Improvement
- Ban agencies from using arrest records, old convictions, and vague standards like “moral turpitude” to disqualify applicants.
Updated June 2022
Although the state enacted reform in 2017, it exempted over two dozen different offices, boards, and commissions from its main law. As a result, licenses in many diverse fields, including dentistry, education, nursing, and massage therapy, remain unaffected by the state’s modest protections.
In addition, boards that are otherwise governed by Louisiana’s law “shall not be required to issue a license” to anyone convicted of a violent crime, further limiting the law’s impact. This allows boards to deny applicants even if their criminal record is completely unrelated to the license sought.
Fortunately, in 2022, Louisiana enacted a reform that eliminated these loopholes, providing much-needed protections for people with criminal records.
Statute: La. Stat. Ann. § 37:36 (2017), La. Stat. Ann. § 37:2950 (2018)
Exclusion
| Overarching ban on blanket bans | Yes |
| Ban on considering arrest records | No |
| Ban on considering post-conviction relief records | No |
| Time limit | No limit |
| Ban on vague, discretionary character standards | No |
Relevance
| Relationship between the crime and the license sought | “A licensing entity shall not be required to issue a license to an applicant whose conviction directly relates to the position of employment sought, or to the specific field for which the license is required, or profession for which the license is sought,” excluding violent crimes |
| Required factors for consideration | |
| Rehabilitation | Yes |
| Time elapsed since crime was committed | Yes |
| Age when crime was committed | No |
| Employment History | No |
| Testimonials | No |
Due Process
| Petition Process | Yes |
| Burden of Proof | No |
| Right to appeal | Yes |
| Written notice requirement | Yes |