Jobs With a Criminal Record (Fair Chance Hiring)

Job applicant shaking hands with an employer

Having a criminal record does not have to keep you from a good job. Louisiana law limits what many employers can look at and how they can use your criminal history. Here is what to know before you apply.

Louisiana's Fair Chance Hiring Act (Act 406)

Act 406 took effect August 1, 2021. It covers public and private employers with 20 or more employees in Louisiana who run background checks. It gives job seekers three key protections:

No arrests without a conviction. Unless another law allows it, an employer cannot ask about or consider an arrest or charge that did not lead to a conviction.
An individual assessment. If an employer looks at a conviction, it must weigh the nature and seriousness of the offense, how long ago it happened, and whether it relates to the job. This follows guidance from the Equal Employment Opportunity Commission (EEOC).
A copy of your background check. You can ask the employer, in writing, for a copy of the background check report. This applies whether or not you get the job.

State Jobs and "Ban the Box"

Louisiana state agencies generally cannot ask about criminal history on the first job application. They can ask later in the hiring process. Some jobs, like law enforcement, are exceptions.

Tips for Your Job Search

Know what is on your record. Get a copy of your rap sheet so nothing surprises you.
Clear what you can. Many arrests and convictions can be expunged. See Am I Eligible for Expungement.
Be ready to talk about it. Prepare a short, honest answer that focuses on what you have done since.
Ask for your report. If you are turned down after a background check, ask for a copy of the report in writing.

Think You Were Treated Unfairly?

Write down what happened and keep the job posting, emails and any letters. Under Act 406, you must give the employer written notice at least 30 days before filing a lawsuit. Talk to an attorney or come to a JAC Reentry Legal Clinic for help.

Fair Chance Hiring Guide

Download JAC's Fair Chance Hiring Guide for more details on your rights under Act 406.

Get Help

Get legal help at a JAC Reentry Legal Clinic.
Check if you can clear your record for free with the Expungement App.
Come to a free JAC expungement clinic.
Learn more about the JAC Expungement Program.

This page is general information, not legal advice. Talk to an attorney about your situation.