A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records. The law does provide for certain exceptions such as where the position requires supervisory or disciplinary authority over children. Employers who violate the law are subject to contempt proceedings.
As a result of the new law, Louisiana employers who make criminal inquiries on their job applications should direct applicants not to disclose expunged arrests or convictions, unless the law otherwise permit such inquiries.
The new law took effect on the same day as another Louisiana law designed to protect companies that hire ex-offenders who cause damage or injury during the course of their employment. That law, described in our prior blog post, provides that, subject to certain exceptions, an employer may not be held liable for negligent hiring or supervision solely because it hired or retained an employee or independent contractor with a prior criminal conviction.