An arrest record in Louisiana contains information about your arrest, including your name, the charges against you, and the officer who arrested you. These records are maintained by Louisiana law enforcement agencies and courts.
It’s important to understand that having an arrest record can impact things like your ability to get a job or rent an apartment. Fortunately, Louisiana law allows you to expunge (remove or restrict access to) certain arrest records.
This article will explain what an arrest record in Louisiana is, how to find it, and how you might be able to get it expunged.
Are Arrest Records Public in Louisiana?
Generally, yes. Louisiana’s Public Records Law gives citizens the right to see government records. But there are exceptions.
For example, juvenile records aren’t usually public. And police may restrict access to investigatory records to avoid compromising ongoing investigations. Also, records of sexual assault victims are often confidential.
Even when arrest records are accessible, that doesn’t mean you can use them however you want. The Fair Credit Reporting Act (FCRA) restricts how employers can use arrest records in background checks.
What’s included in a Louisiana arrest record?
Louisiana arrest records typically include the following information:
- The arrestee’s name and personal information
- The date and place where the arrest occurred
- The exact charges
- The facts and circumstances related to the arrest
- The name of the arresting officer and their agency
- Booking details and information on any warrants
It’s important to remember that being arrested isn’t the same as being convicted. An arrest record only means someone was taken into custody. A conviction happens when someone pleads guilty or is found guilty at trial.
Where are Louisiana arrest records maintained?
Arrest records are maintained on the local, state, and federal levels. Here’s a look at some of the agencies that keep them.
Local law enforcement agencies
- Sheriff’s offices. These are parish-level agencies, and they’re responsible for maintaining arrest records that happen within their parish.
- City police departments. Municipal agencies keep arrest records for arrests made within city limits.
State-level repositories
- Louisiana Bureau of Criminal Identification and Information. This agency collects and maintains criminal history records, including arrest data.
- Louisiana Computerized Criminal History (LACCH) system. This statewide database is used to store and share criminal history information.
Federal databases
- National Crime Information Center (NCIC). The FBI maintains this national database, which contains arrest records and other criminal justice information.
How to access Louisiana arrest records
Arrest records in Louisiana are considered public information, so you can access them in a few different ways.
Online portals
Many law enforcement agencies offer online search portals for arrest records. The level of detail you can access may vary, though. Basic searches are often free, but you may have to pay a fee for more comprehensive information.
Direct requests to law enforcement agencies
You can contact the law enforcement agency that made the arrest or the parish where the arrest happened. Procedures differ from one agency to the next, but you may have to submit a written request, fill out a form, or visit the agency in person.
Subpoenas
A subpoena is a legal document that can require the production of arrest records that might not otherwise be available to the public.
Expunging Arrest Records in Louisiana
If you’ve been arrested in Louisiana, you may be able to have your arrest record expunged, or cleared.
Understanding expungement
Expungement is the legal process of removing an arrest record from public view. It can improve your employment prospects, your housing opportunities, and your overall quality of life.
Eligibility requirements
It’s generally easier to have a misdemeanor arrest expunged than a felony arrest. Louisiana law requires a certain amount of time to pass after you’ve completed your sentence before you can apply for expungement. In most cases, you can’t have any subsequent felony convictions on your record.
The expungement process
You’ll have to file a petition for expungement with the court, and there are fees associated with the process. These fees may include payments to the Sheriff’s Office, the District Attorney, and the Clerk of Court.
If the court approves your petition, it will issue an order directing various agencies to expunge your record.
Louisiana Expungement Assistance & Advocacy Center (LEAAC)
The Louisiana Expungement Assistance & Advocacy Center (LEAAC) provides guidance and representation to individuals who are seeking to have their criminal records expunged. You can reach LEAAC by phone or email, or you can fill out the online intake form on their website.
How long do arrest records remain on file?
In Louisiana, arrest records stay on file forever unless you take action to have them expunged. Even if the court dismisses the charges against you, or if a jury acquits you, the record of your arrest will still exist.
If you want to ensure you have a clean record, expungement is the only way to remove an arrest record from public view and keep it from showing up on background checks.
The Bottom Line
In Louisiana, most arrest records are public, but there are exceptions. Expungement offers a valuable opportunity to clear your record and move forward.
Navigating the laws surrounding arrest records and expungement can be complex. If you’re unsure how the law applies to your situation, it’s best to seek professional legal guidance.