§ 15:587 — Duty to provide information; processing fees; Louisiana Bureau of Criminal
This text of Louisiana § 15:587 (Duty to provide information; processing fees; Louisiana Bureau of Criminal) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal Identification and Information A.
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§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
Identification and Information
A.(1)(a) The bureau shall make available upon request, or at other times as the
deputy secretary shall designate, to any eligible criminal justice agency and the division of
administration, office of technology services, the Department of Education, the Louisiana
Department of Health, the state fire marshal when reviewing applications for licensure, the
Louisiana Manufactured Housing Commission when reviewing applications for licensure,
the Department of Children and Family Services, the Department of Insurance, the Louisiana
State Racing Commission, the Senate Committee on Senate and Governmental Affairs , the
House Committee on House and Governmental Affairs, the secretary of Louisiana Works or
his designee, the Board of River Port Pilot Commissioners, the Louisiana State Board of
Home Inspectors, the Office of Financial Institutions in the office of the governor, the office
of the disciplinary counsel of the Louisiana Attorney Disciplinary Board of the Louisiana
State Bar Association; however, as to any licensed attorney this information shall be
provided only after the issuance of a formal charge against the attorney, the Louisiana
Supreme Court Committee on Bar Admissions, the municipal or parish department or
personnel responsible for reviewing applications for alcoholic beverage outlet permits, and
the legislative auditor any information contained in the criminal history record and
identification files of the bureau. The Department of Children and Family Services may
provide information secured pursuant to this Subsection to all federal and state agencies
providing child support enforcement services.
(b) The Louisiana State Board of Private Security Examiners shall be entitled to the
criminal history record and identification files of the bureau on those persons seeking to be
licensed or registered by the board as a means of performing background checks on those
individuals. In addition, in order to determine an applicant's eligibility or suitability for
licensure or registration under the provisions of the Private Security Regulatory and
Licensing Law, each applicant shall be fingerprinted, and the fingerprints shall be forwarded
by the bureau to the Federal Bureau of Investigation for a national criminal history record
check.
(c) The Louisiana State Board of Private Investigator Examiners shall be entitled to
the criminal history record and identification files of the bureau on those persons seeking to
be licensed or relicensed as private investigators as a means of performing background
checks on those individuals. A fee of twenty-six dollars shall be charged for furnishing said
records. The bureau shall, upon request and after receipt of fingerprint cards or other
identifying information from the Louisiana State Board of Private Investigator Examiners,
make available to the board information contained in the bureau's criminal history record and
identification files, which pertains to an applicant of the board. In addition, in order to
determine an applicant's eligibility or suitability for licensure under the provisions of the
Private Investigators Law (R.S. 37:3501 et seq.), each applicant shall be fingerprinted and
the fingerprints shall be forwarded by the bureau to the Federal Bureau of Investigation for
a national criminal history record check.
(d) The office of state police shall be entitled to the criminal history record and
identification files of the bureau on those persons seeking a medical or security exemption
from the window tinting regulations of motor vehicles as provided for in R.S. 32:361.2.
Prior to the release of such information by the bureau, the office of state police shall present
a written consent on a form approved by the Louisiana Bureau of Criminal Identification and
Information and signed by the applicant authorizing the release of such information.
(e)(i) The office of motor vehicles shall be entitled to the criminal history record and
identification files of the bureau of any person who is required to register as a sex offender
pursuant to R.S. 15:542 et seq., who is seeking a driver's license or required to obtain a
special identification card pursuant to R.S. 40:1321(J).
(ii) The office of motor vehicles shall submit fingerprint cards or other identifying
information of the principal of any third-party tester or examiner who has or is seeking a
contract to administer commercial driving examinations and tests pursuant to R.S. 32:408.1
to the bureau. The bureau shall, upon request and after receipt of fingerprint cards or other
identifying information from the office of motor vehicles, make available to the office of
motor vehicles all arrest and conviction information contained in the bureau's criminal
history record and identification files which pertain to the principal. In addition, in order to
determine a principal's eligibility or suitability, the fingerprints shall be forwarded by the
bureau to the Federal Bureau of Investigation for a national criminal history record check.
(iii) The office of motor vehicles may submit fingerprint cards or other identifying
information of a person seeking employment with the office of motor vehicles whose duties
will include the issuance of commercial driver's licenses or any current office of motor
vehicles employee who as part of his employment issues commercial driver's licenses. The
bureau shall, upon request and after receipt of fingerprint cards or other identifying
information from the office of motor vehicles, make available to the office of motor vehicles
all arrest and conviction information contained in the bureau's criminal history record and
identification files which pertain to the employee or potential employee. In addition, in order
to determine an employee or potential employee's eligibility or suitability, the fingerprints
shall be forwarded by the bureau to the Federal Bureau of Investigation for a national
criminal history record check.
(iv) The office of motor vehicles shall submit fingerprint cards or other identifying
information to the bureau of any person who applies to be an auto title company or a public
license tag agent pursuant to R.S. 32:735 et seq. and R.S. 47:532.1 and of any person who
works for any such business who will process transactions for the office of motor vehicles.
Upon request and after receipt of fingerprint cards or other identifying information from the
office of motor vehicles, the bureau shall provide any arrest and conviction information
contained in the bureau's criminal history record and identification files for the principal of
such applicants. Additionally, the bureau shall forward the fingerprints of such applicants'
principal to the Federal Bureau of Investigation for a national criminal history record check.
Fingerprint cards shall be submitted to the bureau pursuant to this Item only upon initial
application and shall not be required to be submitted annually. After initial fingerprints are
submitted pursuant to this Item, the arrest and conviction record for the principal of any such
public license tag agent, the principal of any such auto title company, or person who works
for any such business who will process transactions for the office of motor vehicles shall be
monitored in the same manner the arrest and conviction record is monitored for employees
of the office of motor vehicles.
(v) The office of motor vehicles shall submit fingerprint cards or other identifying
information to the bureau of any person who applies to or contracts with the office of motor
vehicles to handle or process any transaction or inquiry. Upon request and after receipt of
fingerprint cards or other identifying information from the office of motor vehicles, the
bureau shall provide to such office any arrest and conviction information contained in the
bureau's criminal history record and identification files for the principal of such applicants
or contractors. Additionally, the bureau shall forward the fingerprints of such applicant or
contractor's principal to the Federal Bureau of Investigation for a national criminal history
record check. Fingerprint cards shall be submitted to the bureau pursuant to this Item only
upon initial application and shall not be required to be submitted annually. After initial
fingerprints are submitted pursuant to this Item, the arrest and conviction record for any
person who contracts with the office of motor vehicles to handle or process any transaction
or inquiry shall be monitored in the same manner the arrest and conviction record is
monitored for employees of the office of motor vehicles.
(vi) The office of motor vehicles shall execute a thorough background investigation,
including a criminal history background check of every applicant for the purpose of verifying
the qualifications of the applicant or renewal pursuant to the requirements of this Section.
For purposes of this Item, a "criminal history background check" shall be defined as a check
of all state records of arrest, prosecution, conviction, including those which have been
expunged or dismissed pursuant to Code of Criminal Procedure Article 893 or 894, as well
as national records which shall include fingerprints of the applicant and other identifying
information, if so requested by the department.
(vii) The department shall require any current or prospective person engaged in the
business of operating a private driving instructor training school or agency, or providing
driving courses pursuant to R.S. 32:408.1 or R.S. 40:1461, to submit to a criminal history
records check to be conducted by the Louisiana Bureau of Criminal Identification and
Information. Fingerprints and other identifying information from the current or prospective
person engaged in the business of operating a private driving instructor training school or
agency, or providing driving courses, shall be submitted to the bureau. In addition, when the
department requests national criminal history records check, the bureau shall forward the
fingerprints to the Federal Bureau of Investigation for a national criminal history records
check and shall provide the agency with the national criminal history record information of
the current or prospective person engaged in the business of operating a private driving
instructor training school or agency, or providing driving courses pursuant to R.S. 32:408.1
or R.S. 40:1461. Cost incurred by the department for processing Louisiana State Police and
Federal Bureau of Investigation fingerprint cards shall be borne by the applicant.
(f)(i) If the request for information and records is made to the bureau by any eligible
criminal justice agency, the bureau shall include in its report any information concerning
arrests and convictions of an individual, including convictions in which a judgment of
dismissal of the prosecution was granted pursuant to the provisions of Code of Criminal
Procedure Articles 893 and 894.
(ii)(aa) When an individual's record contains information which has been expunged,
the bureau shall include in its report to the requesting entity the date of the arrest and a
notation that the individual's record contains information which has been expunged and that
the requesting entity may contact the bureau in order to obtain further information regarding
the expunged information.
(bb) The bureau shall establish policies and procedures by which the entities
enumerated in this Subparagraph may be furnished with expunged information. These
policies and procedures shall not require the requesting entity to personally appear at the
office of the bureau in order to obtain access to the expunged information.
(cc) The requesting entity, upon receiving the expunged information, shall maintain
the confidentiality of the information as provided by law, and the expunged information shall
not be deemed a public record.
(dd) The information may be used or admitted as evidence in any court proceeding
or employment or disciplinary hearing in which the receiving agency is an authorized
participant.
(g)(i) The Louisiana Supreme Court Committee on Bar Admissions shall be entitled
to the criminal history record and identification files of the bureau for those persons seeking
to participate in the bar examination as a means of performing background checks on those
individuals. The bureau shall charge a processing fee as provided in Paragraph (B)(1) of this
Section for conducting and reporting on these background checks.
(ii) The bureau shall, upon request and after receipt of fingerprint cards or other
identifying information from the Louisiana Supreme Court Committee on Bar Admissions,
make available to the committee all arrest and conviction information contained in the
bureau's criminal history record and identification files, which pertains to an applicant for
the bar examination. In addition, in order to determine an applicant's eligibility or suitability
for participating in the examination, each applicant shall be fingerprinted, and the
fingerprints shall be forwarded by the bureau to the Federal Bureau of Investigation for a
national criminal history record check.
(h) The Department of Revenue shall be entitled to the criminal history record and
identification files of the bureau of any person who is required to qualify and register for the
Public Registry of Motion Picture Investor Tax Credit Brokers pursuant to R.S.
47:6007(C)(7). Fingerprints and other identifying information of the applicant shall be
submitted to the bureau for qualification and registry and the bureau shall, upon request of
the Department of Revenue and after receipt of such fingerprint card and other identifying
information from the applicant, make available to the Department of Revenue all arrest and
conviction information contained in the bureau's criminal history record and identification
files which pertain to the applicant for qualification and registry. In addition, the fingerprints
shall be forwarded by the bureau to the Federal Bureau of Investigation for a national
criminal history record check.
(i) The Louisiana Department of Health shall be entitled to criminal history record
and identification files of the bureau of any person or owner of an entity with a five percent
or more ownership interest who has applied to enroll as a Medicaid provider pursuant to 42
CFR 455.434. Fingerprints and other identifying information of the applicant shall be
submitted to the bureau for qualification and the bureau shall, upon request of the department
and after receipt of such fingerprint card and other identifying information from the
applicant, make available to the department all arrest and conviction information contained
in the bureau's criminal history record and identification files which pertain to the applicant
for qualification. The fingerprints shall also be forwarded by the bureau to the Federal
Bureau of Investigation for a national criminal history check.
(j)(i) The Louisiana Department of Education shall be entitled to the criminal history
record and identification files of the bureau of any person who has submitted a fingerprint
request pursuant to R.S. 15:587.1, R.S. 17:407.42 and 407.71. The bureau is authorized to
submit fingerprints to the Federal Bureau of Investigation to be retained in the FBI rap back
system for the purpose of being searched by future submissions to the FBI rap back system,
including latent fingerprint searches. The bureau shall make available to the Louisiana
Department of Education rap backs for requests made pursuant to R.S. 17:407.42 and 407.71.
NOTE: Item (A)(1)(j)(ii) eff. upon promulgation of rules by the Louisiana State Board of
Elementary and Secondary Education. See Acts 2020, No. 154 and Acts 2022, No. 745.
(ii) The Louisiana Department of Education shall be entitled to criminal history
record and identification files of the bureau of any person who has submitted a fingerprint
request pursuant to R.S. 15:587.1 and R.S. 17:8.9(A)(2). The bureau is authorized to submit
fingerprints to the Federal Bureau of Investigation to be retained in the FBI rap back system
for the purpose of being searched by future submissions to the FBI rap back system,
including latent fingerprint searches. The bureau shall make available to the Louisiana
Department of Education rap backs for requests made pursuant to R.S. 17:8.9(A)(2).
(k) The Louisiana Board of Massage Therapy shall submit fingerprint cards and other
identifying information of persons seeking licensure pursuant to R.S. 37:3551 et seq. to the
bureau. The bureau shall, upon request and after receipt of fingerprint cards and other
identifying information from the Louisiana Board of Massage Therapy, make available to the
Louisiana Board of Massage Therapy all conviction information contained in the bureau's
criminal history record and identification files which pertain to the person seeking licensure
with the Louisiana Board of Massage Therapy. In addition, the fingerprints shall be
forwarded by the bureau to the Federal Bureau of Investigation for a national criminal history
record check.
(l) The Louisiana Manufactured Housing Commission shall submit fingerprint cards
and other identifying information of persons seeking licensure pursuant to R.S. 51:911.21
et seq. to the bureau. The bureau shall, upon request and after receipt of fingerprint cards and
other identifying information from the Louisiana Manufactured Housing Commission, make
available to the Louisiana Manufactured Housing Commission all arrest and conviction
information contained in the bureau's criminal history record and identification files which
pertain to the person seeking licensure with the Louisiana Manufactured Housing
Commission.
(m) The division of administration, office of technology services, is entitled to the
criminal history record and identification files of the bureau for any person for which a
fingerprint request is submitted pursuant to R.S. 15:587.5 and 587.6 and R.S. 39:15.1.2. The
bureau may submit fingerprints to the Federal Bureau of Investigation to be retained in the
FBI rap back system for the purpose of being searched in future submissions to the FBI rap
back system, including latent fingerprint searches. The bureau shall make available to the
division of administration, office of technology services, rap backs for requests made
pursuant to R.S. 15:587.5 and 587.6 and R.S. 39:15.1.2.
NOTE: Subparagraphs (2)(a) and (b) eff. until October 1, 2027. See Acts 2025, No. 477.
(2)(a) The bureau, in accordance with its powers to regulate and to enforce
provisions herein, may further restrict those agencies eligible to receive information.
However, the bureau shall make available to the Department of Children and Family Services
all criminal history record information as defined in R.S. 15:576 related to foster and
adoptive parent applicants and adult members of foster and adoptive parent households;
parents whose children have been removed from their custody; parents or caretakers involved
in investigations of abuse or neglect; potential caretakers of a child who is either in the
custody of the department, is the subject of an investigation of abuse or neglect, or is or has
been receiving services through the office of children and family services; potential
employees of the department whose duties include the investigation of child abuse or neglect,
the supervisory or disciplinary authority over children, direct care of a child, or performance
of licensing surveys; and individuals employed directly or indirectly by institutions or
facilities providing, or with the potential of providing, daily care or supervision to any child
or youth in the custody of or under the supervision of any Louisiana state government
agency. For the purposes of this Section, the bureau shall employ such methods and
procedures and shall observe such duty hours as to provide information upon request within
forty-eight hours from its receipt.
(b) The bureau shall facilitate national criminal history record checks of prospective
foster and adoptive parent applicants and adult members of foster and adoptive parent
households; parents whose children have been removed from their custody; parents or
caretakers involved in investigations of abuse or neglect; potential caretakers of a child who
is either in the custody of the department, is the subject of an investigation of abuse or
neglect, or is or has been receiving services through the office of children and family
services; potential employees of the department whose duties include the investigation of
child abuse or neglect, the supervisory or disciplinary authority over children, direct care of
a child, or performance of licensing surveys; and individuals employed directly or indirectly
by institutions or facilities providing, or with the potential of providing, daily care or
supervision to any child or youth in the custody of or under the supervision of any Louisiana
state government agency by receiving and forwarding fingerprint cards to the Federal Bureau
of Investigation. The Department of Children and Family Services is authorized to receive
and screen the results of the state and national criminal history record checks in order to
determine foster or adoptive parent applicants' eligibility for certification or recertification
as a placement resource for children; to assist in the determination of the appropriateness of
a parent or potential caregiver as a placement resource for a child; to assess the situation for
safety issues and risks to the child and worker; to assess the qualifications of a potential
department employee; and to assess the qualifications of individuals employed, directly or
indirectly, by institutions or facilities providing, or with the potential of providing, daily care
or supervision to any child or youth in the custody of or under the supervision of any
Louisiana state government agency. The department shall maintain the confidentiality of
criminal history information received in accordance with applicable federal or state law.
NOTE: Subparagraphs (2)(a) and (b) as amended by Acts 2025, No. 477, eff. October 1,
2027.
(2)(a) The bureau, in accordance with its powers to regulate and to enforce
provisions herein, may further restrict those agencies eligible to receive information.
However, the bureau shall make available to the Department of Children and Family
Services all criminal history record information as defined in R.S. 15:576 related to foster
and adoptive parent applicants and adult members of foster and adoptive parent households;
parents whose children have been removed from their custody; parents or caretakers
involved in investigations of abuse or neglect; potential caretakers of a child who is either
in the custody of the department, is the subject of an investigation of abuse or neglect, or is
or has been receiving services through the office of child welfare; potential employees of the
department whose duties include the investigation of child abuse or neglect, the supervisory
or disciplinary authority over children, direct care of a child, or performance of licensing
surveys; and individuals employed directly or indirectly by institutions or facilities
providing, or with the potential of providing, daily care or supervision to any child or youth
in the custody of or under the supervision of any Louisiana state government agency. For
the purposes of this Section, the bureau shall employ such methods and procedures and shall
observe such duty hours as to provide information upon request within forty-eight hours
from its receipt.
(b) The bureau shall facilitate national criminal history record checks of prospective
foster and adoptive parent applicants and adult members of foster and adoptive parent
households; parents whose children have been removed from their custody; parents or
caretakers involved in investigations of abuse or neglect; potential caretakers of a child who
is either in the custody of the department, is the subject of an investigation of abuse or
neglect, or is or has been receiving services through the office of child welfare; potential
employees of the department whose duties include the investigation of child abuse or neglect,
the supervisory or disciplinary authority over children, direct care of a child, or
performance of licensing surveys; and individuals employed directly or indirectly by
institutions or facilities providing, or with the potential of providing, daily care or
supervision to any child or youth in the custody of or under the supervision of any Louisiana
state government agency by receiving and forwarding fingerprint cards to the Federal
Bureau of Investigation. The Department of Children and Family Services is authorized to
receive and screen the results of the state and national criminal history record checks in
order to determine foster or adoptive parent applicants' eligibility for certification or
recertification as a placement resource for children; to assist in the determination of the
appropriateness of a parent or potential caregiver as a placement resource for a child; to
assess the situation for safety issues and risks to the child and worker; to assess the
qualifications of a potential department employee; and to assess the qualifications of
individuals employed, directly or indirectly, by institutions or facilities providing, or with
the potential of providing, daily care or supervision to any child or youth in the custody of
or under the supervision of any Louisiana state government agency. The department shall
maintain the confidentiality of criminal history information received in accordance with
applicable federal or state law.
(c) During an emergency situation when a child must be removed from his home due
to exigent circumstances and placed in the home of an individual, the department may
request that a criminal justice agency perform a national name-based criminal history record
check of each adult residing in that home. The results of the name-based criminal history
record check may be provided to the department, which shall then provide a complete set of
each adult resident's fingerprints to the bureau for the immediate submission to the Federal
Bureau of Investigation within twelve calendar days from the date the name-based criminal
history record check search was conducted. The bureau shall either positively identify the
fingerprint subject or forward the fingerprints to the Federal Bureau of Investigation within
fifteen calendar days from the date the name-based criminal history record check search was
conducted. The child shall be removed from the home immediately if any adult resident fails
to provide such fingerprints or written permission to perform a federal criminal history
record check when requested to do so. As used in this Section, the emergency placement of
a child is limited to those instances when the department is placing a child in the home of
private individuals, including but not limited to neighbors, friends, or relatives, as a result
of a situation where the child's removal is necessary to secure the child's protection, or the
sudden unavailability or incapacity of the child's primary caretaker to care for the child.
(d) When placement of a child in a home is denied as a result of a name-based
criminal history record check of a resident and the resident contests that denial, each such
resident shall, within five business days, submit to the department a complete set of the
resident's fingerprints with written permission allowing the department to forward the
fingerprints to the bureau for submission to the Federal Bureau of Investigation.
B.(1) The bureau may charge a processing fee of twenty-six dollars for information
provided to any agency or entity statutorily eligible to receive this information, except
another state or local law enforcement agency, pursuant to a request to assist the agency in
performing a screening function as part of any regulatory or licensing scheme. Payment of
the processing fee shall accompany the request for such information and shall be deposited
by the bureau immediately upon receipt into the Criminal Identification and Information
Dedicated Fund Account.
(2) The bureau may charge a processing fee of ten dollars for fingerprinting of any
individual. Payment of the processing fee shall accompany the request for fingerprinting and
shall be deposited by the bureau immediately upon receipt into the Criminal Identification
and Information Dedicated Fund Account.
C. The bureau shall, upon request and after receipt of fingerprint cards or other
identifying information from the office of state police, make available to the state police
gaming division, the Louisiana Gaming Control Board, the Louisiana Lottery Corporation,
the office of charitable gaming, and the Louisiana State Racing Commission, information
contained in the bureau's criminal history record and identification files, which pertains to
an applicant or prospective employee of any of them. In addition, in order to determine an
applicant's suitability for a gaming or employee license or permit under the provisions of law
found in Titles 4, 9, 27, 40, and 47 of the Louisiana Revised Statutes of 1950, for each
applicant fingerprinted, the fingerprints shall be forwarded to the Federal Bureau of
Investigation for a national criminal history record check.
D.(1) Any local law enforcement agency, any Louisiana public higher education
institution which employs full-time police officers commissioned by the Louisiana State
Police, or sheriff may conduct any screening function conducted by the bureau, except those
screening functions conducted for entities regulated by any office of the Department of
Public Safety and Corrections, and may charge a reasonable processing fee of not more than
five dollars per background check. A technology fee of five dollars shall be assessed for
each civil background check conducted, regardless of the entity, to be distributed to the
Louisiana Sheriffs' Association for the enhancement of criminal history data collection.
(2) For the purposes of this Subsection, "civil background check" means a
background check that is used for purposes including but not limited to preemployment,
academic applications, or professional boards.
E. Any sheriff conducting a screening function pursuant to Subsection D of this
Section which requires the submission of fingerprints by electronic means shall collect the
Bureau of Criminal Identification and Information state fingerprint processing fee of twenty-six dollars and, if required, the federal fingerprint processing fee at the time of the fingerprint
collection. The local law enforcement agency shall timely remit the processing fees to the
Bureau of Criminal Identification and Information.
F.(1) An employer or his representative shall be entitled to obtain conviction records
of an applicant seeking employment, directly from the Bureau of Criminal Identification and
Information in order to further qualify the applicant for the position being sought, if the
applicant has signed a consent form authorizing the employer to obtain such conviction
records. Upon written request and upon presentation of a consent form prepared by the
bureau and executed by the applicant, the bureau shall provide conviction records of the
applicant to the employer or his representative in a timely manner. In addition, each
applicant shall be fingerprinted, and the fingerprints shall be forwarded by the bureau to the
Federal Bureau of Investigation for a national criminal history check. Records obtained
pursuant to the provisions of this Subsection shall not include those records which have been
ordered expunged pursuant to R.S. 44:9. The provisions of Subsection B of this Section
shall apply to any request made pursuant to this Subsection. The bureau shall not be liable
civilly or criminally for the release of information released pursuant to the provisions of this
Subsection.
(2)(a) Upon receiving a request pursuant to the provisions of this Subsection, the
bureau shall simultaneously request criminal history from the Corrections and Justice Unified
Network (CAJUN) maintained by the Department of Public Safety and Corrections via the
Louisiana Civil and Criminal Information Exchange (LACCIE) network maintained by the
Louisiana Sheriffs' Association.
(b) Fingerprints provided pursuant to this Subsection shall be submitted to the
Bureau of Criminal Identification and Information in an electronic format.
(c) The provisions of this Paragraph shall become effective upon the establishment
of an electronic method of performing such requests for criminal history.
G. Pursuant to approval of the local housing authority's board of commissioners,
acting through one or more of its commissioners or other designees, a local housing authority
may obtain criminal history record and identification file of any person applying for public
housing if the applicant has signed a consent form authorizing the release of such criminal
history records and identification. Upon written request and upon presentation of a signed
consent form executed by the applicant, the bureau shall provide the criminal history record
of and identification file information of the applicant to the requestor in a timely manner.
For the purposes of this Subsection "conviction records" shall include only those records
which are electronically maintained by the bureau, and are records of a finding of guilty, a
plea of guilty or nolo contendere, including those which have been set aside or dismissed
pursuant to Code of Criminal Procedure Article 893 or 894, or for which an individual has
received an automatic first offender pardon. It shall not include those records which have
been ordered expunged pursuant to R.S. 44:9. The provisions of Subsection B of this
Section shall apply to any request made pursuant to this Subsection.
H.(1) The Volunteer Louisiana Commission and the recipient of any federal
AmeriCorps funds administered by the Volunteer Louisiana Commission shall be entitled
to the criminal history record and identification files maintained by the bureau for any
applicant seeking to serve in a program that receives assistance under the national service
laws to determine whether the applicant meets the eligibility requirements set forth in the
Serve America Act, Public Law 111-13, and any associated federal regulations.
(2) In addition to the information provided for in Paragraph (1) of this Subsection,
the Volunteer Louisiana Commission shall be entitled to any national criminal history
information maintained by the Federal Bureau of Investigation for any applicant seeking to
serve in a program that receives assistance under the national service laws.
(3)(a) Upon receiving a written request, which shall include fingerprint cards or other
identifying information for the applicant and a consent form signed by the applicant
authorizing the criminal background check, the bureau shall survey its criminal history
records and identification files.
(b) If requested by the Volunteer Louisiana Commission pursuant to Paragraph (2)
of this Subsection, the bureau shall make a simultaneous request of the Federal Bureau of
Investigation for a national criminal history record check.
(4) The bureau shall present the requested information promptly and in writing to the
requesting entity and shall charge the requesting entity the cost of providing such information
pursuant to Subsection B of this Section.
(5) The requesting entity shall maintain the confidentiality of the information
received in accordance with applicable federal and state laws.
I. The bureau is authorized to submit fingerprints to the FBI rap back system to be
retained in the FBI rap back system for the purpose of being searched by future submissions
to the FBI rap back system, including latent fingerprint searches.
J.(1) For the sole purpose of assisting with the study and evaluation of the creation
and implementation of a procedure for the automated criminal history record-clearing in
Louisiana, the bureau may provide limited access to de-identified arrest and conviction
information contained within the bureau's criminal history record and identification files to
nonprofit partners providing technical assistance to the Clean Slate Task Force established
by House Resolution No. 67 of the 2020 Regular Session of the Legislature. The bureau
shall determine the scope of the limited access to the de-identified arrest and conviction
information provided to the nonprofit partners.
(2) Any nonprofit partner who obtains limited access to de-identified arrest and
conviction information pursuant to this Subsection shall maintain the confidentiality of the
de-identified arrest and conviction information in accordance with all applicable state and
federal law and shall not disseminate the de-identified arrest and conviction information to
any other person or entity, including other members of the Clean Slate Task Force
established by House Resolution No. 67 of the 2020 Regular Session of the Legislature or
any nonprofit partner who did not directly obtain de-identified arrest and conviction
information from the bureau pursuant to this Section. However, any nonprofit partner who
obtains de-identified arrest and conviction information from the bureau pursuant to this
Subsection shall provide the bureau with a report of its analysis and recommendations
regarding automated criminal history record-clearing as it relates to the bureau's criminal
history record and identification files, which the bureau may provide to the members of the
Clean Slate Task Force.
(3) Any nonprofit partner who receives de-identified arrest and conviction
information from the bureau pursuant to this Subsection shall execute a nondisclosure
agreement with the bureau and shall execute any nondisclosure agreement required by the
bureau's vendors that maintain the disclosed information.
(4) This Subsection shall cease to be effective on August 1, 2022.
Related
Legislative History
Nearby Sections
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