An Employer’s Guide to Louisiana Background Checks

Employers need every advantage when it comes to attracting qualified talent. Background checks are one of the most effective tools for making informed hiring decisions, helping organizations evaluate a candidate’s history and determine whether they are a good fit for a role.

In Louisiana, background checks are widely used across industries, but employers must understand how the process works and comply with relevant laws before implementing them.

This guide covers the essentials of Louisiana background checks, including what they involve and why they matter.

What Is a Louisiana Background Check?

A Louisiana background check is a screening process employers use to review a candidate’s past and assess their qualifications. These screenings can help verify identity, confirm credentials, and uncover information relevant to the position.

Most employers conduct background checks during the hiring process, using them to validate the details provided in an application or resume.  These screenings often include multiple components, offering a more complete picture of the candidate than the application alone.

Employers may also conduct background checks internally - particularly when employees are being considered for promotions or roles with greater responsibility.

Why Employers Use Background Checks

Background checks serve several important purposes in the hiring process:

• Verifying candidate honesty and qualifications
• Promoting workplace safety
• Reducing the risk of negligent hiring
• Protecting company reputation

The depth of a background check often depends on the role.  For example, managerial candidates typically undergo more extensive screening than entry-level applicants due to their level of responsibility

Employers hiring for caregiving roles - such as EMS personnel, caregivers, and first responders - often conduct more extensive screenings. Because these professionals work with vulnerable populations, including children and the elderly, thorough vetting is essential to ensure their safety.

Thorough background checks promote a safe and efficient workplace, protecting the company’s reputation and drawing in top talent. Louisiana employers must include the relevant components for the given roles within their industry to recruit the ideal candidates. Common search components include criminal records history, credit checks, and identity verification.

What Does a Louisiana Background Check Include?

Louisiana background checks provide information based on the search types conducted. These searches may include, but are not limited to, criminal and civil records checks, education and employment verification, and Social Security number traces.

• Criminal Records Check: Criminal history checks identify a candidate’s pending criminal cases and convictions, including details such as the offense type, date, and severity. While this information may be considered during the hiring process, the presence of a criminal record does not automatically disqualify a candidate from employment.
• Civil Court Check: Civil court checks investigate a candidate’s involvement in lawsuits, foreclosures, restraining orders, and other civil matters. Employers commonly use these screenings when evaluating candidates for financial or managerial positions.
• Education Verification: Education verification confirms an individual’s academic history, including institution names, addresses, contact information, dates of attendance, and certificates earned. Employers use these checks to validate a candidate’s qualifications and ensure the accuracy of the information provided.
• Employment Verification: Employment verifications confirm a candidate’s prior work history, including employer names, addresses, contact information, dates of employment, and positions held. Employers use these checks to identify gaps in employment and detect omitted employers.
• Credit Checks: Credit checks review a candidate’s credit history, including payment patterns, accounts in collection, and bankruptcies. Employers use these search components to assess financial responsibility,  particularly for roles involving financial oversight.
• Identity Verification: Identity verification confirms that a candidate is who they claim to be by validating government-issued identification, such as a driver’s license or passport. This process includes comparing identity documents with data-based records or biometric checks against trusted databases to ensure the document is authentic and the individual presenting it is the rightful owner. Employers use identity verification to combat identity fraud, reduce risk, and maintain compliance with employee identification requirements.
• SSN Trace: The Social Security Trace (SSN Trace) verifies a candidate’s Social Security Number, legal name, aliases and past addresses. SSN traces rely on non-confidential credit header information collected when a social security number is used for credit purposes. This information helps guide county-level criminal record searches when included. It is not a credit check – no credit scores are used, and no inquiry is made on the candidate’s credit report. 
• Professional License Verification: Professional license verification confirms a candidate’s licensure details, including issue date, license type, expiration date, and current status. Employers use this verification for roles requiring specific credentials to confirm the candidate is properly qualified and to help mitigate the risk of negligent hiring.
• Motor Vehicle Records Check: If included within the scope of the background report, a Motor Vehicle Report (MVR) searches the state of Louisiana Department of Motor Vehicles (DMV) to verify the status of the provided driver’s license information and identify any driving-related violations or reported accidents. The report outlines the type of license held by the candidate, along with any endorsements. The scope of results returned covers 3 years of driving history..
• Sex Offender Registry Check: This is another aspect of the background check process that may be limited to employers operating within licensed and regulated fields. While a candidate's sex offender registry status is a matter of public record, access to more detailed information is typically restricted to certain professions and specialized roles.
• Employment Drug Testing: Drug tests typically involves a 5-panel test that screens for amphetamines, cocaine, opiates, PCP, and THC in the applicant’s urine. These screenings help maintain a safe and productive workplace. While they detect recent drug use, they cannot determine a history of past substance abuse.
• Social Media Check: Social media checks provide a border perspective on an applicant’s behavior outside of the workplace. While these checks are not typically  part of standard background screening programs, employers may review social media activity to gain additional insight into a candidate’s character and conduct.

How Far Back Does a Louisiana Background Check Go?

The lookback period of a Louisiana background check depends on the types of searches conducted and the information being reported.

Under the Fair Credit Reporting Act (FCRA), certain protected information - such as civil judgment and credit-related data - is generally limited to a seven-year reporting period for positions with an annual salary of less than $75,000.  Bankruptcies may be reported for up to ten years, while criminal convictions may be reported indefinitely.

How Long Does a Louisiana Background Check Take?

The turnaround times for Louisiana background checks depend on the type and scope of the searches conducted. Checks may take longer when records must be reviewed manually. While digital records can be accessed quickly, tasks such as contacting past employers, reviewing court records, and verifying information can be very tedious and time-consuming.

A reputable consumer reporting agency can streamline the screening process. ScoutLogic offers an extensive background check program that delivers accurate and efficient results.

Criminal History Checks

The time required to receive criminal history check results depends on the scope of the search and jurisdictions involved. Federal-level searches typically return results within one business day; however, employers may also include state and county-level searches to obtain a more comprehensive view of a candidate’s criminal history. These additional searches can extend the turnaround time by several days.

The screening process may be further delayed when multiple jurisdictions or international searches are required. Factors such as digitization and the efficiency of local courts can also impact overall turnaround times.

Employment Verification

The turnaround time for employment verification can range from a few minutes to several days. When a candidate’s work history is available through The Work Number (TWN), records may be verified within minutes. If manual verification is required, the process can take up to three business days, depending on factors such as employer responsiveness, the number of prior employers, and whether international employment verification is needed. 

Education Verification

The turnaround time for education verification can range from a few minutes to several days. When a candidate’s records are available through the National Student Clearinghouse (NSCH), verification may be completed within minutes. If not, student records must be obtained directly from the educational institution which can take several days depending on the registrar’s response time.

Motor Vehicle Records Checks

Motor Vehicle Record (MVR) checks can return results within minutes when records are digitized. If digital access is unavailable, employers must submit an MVR request through the appropriate government agency. When requests are processed by mail and/or email, turnaround times may extend to several weeks. Louisiana driver records are stored online and can be obtained through the Louisiana Office of Motor Vehicles (OMV).

Drug Testing

Drug test result timelines vary based on the type of test administered and laboratory processing times. Rapid tests may return results within a few hours, while more comprehensive laboratory testing typically takes one to three business days. Positive test results typically require additional rounds of testing for confirmation, which can further extend the turnaround time.

Louisiana Background Check Laws & Requirements

Employers must conduct background checks in compliance with applicable federal, state, and local laws. While certain employers are legally required to perform screenings, others choose to do so to promote workplace safety and operational efficiency. Before implementing a background check program, Louisiana employers should ensure they understand the legal requirements and regulations that apply to their hiring practices.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law enforced by the Federal Trade Commission (FTC) that protects consumer privacy by regulating the information consumer reporting agencies (CRAs) can provide in employment background checks.

Under the FCRA, certain criminal, civil, and credit information is subject to reporting restrictions. Protected information includes arrests without convictions, civil lawsuits, liens, judgments, accounts in collection, and bankruptcies.

CRAs may report other relevant information about a candidate’s history. Louisiana  employers partnering with a CRA for background checks must comply with FCRA requirements. This includes providing applicants with notice of the screening, obtaining written consent and following proper procedures if negative information is discovered.

The FTC also provides guidance on handling adverse information. Employers must follow the required adverse action process and inform applicants of their FCRA rights before taking any employment action based on background check results.

Title VII of the Civil Rights Act of 1964

Title VII is a federal law enforced by the Equal Employment Opportunity Commission (EEOC) that protects applicants from discrimination based on race, color, sex, religion, or national origin. The EEOC provides guidance to employers on how to consider conviction records uncovered during background checks.

Under EEOC guidelines, employers must assess each criminal record on a case-by-case basis, considering its relevance to the position, before making any adverse employment decisions.

Criminal History Inquiries

Under La. R.S. 42:1701, state agencies cannot ask about criminal history information on job applications. They can only inquire about criminal records after a conditional job offer has been made or after the candidate has been interviewed.

Background Check Fees

Under La. R.S. 23:897, employers cannot ask candidates to pay the costs of fingerprints, background checks, drug tests, or medical exams that are required for hiring decisions.

Social Media Protections

Under La. R.S. 51:1953,  Employers cannot ask employees or prospective employees to disclose their social media or online personal account passwords or usernames. They can, however, ask for usernames or passwords needed to access employer-provided devices.