RS 37:2950

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RS 37:2950

CHAPTER 38. EMPLOYMENT RESTRICTIONS

§2950. Criminal record effect on trade, occupational, and professional licensing

A.(1) Notwithstanding any other provisions of law to the contrary, a person shall not be disqualified, or held ineligible to practice or engage in any trade, occupation, or profession for which a license, permit, or certificate is required to be issued by the state of Louisiana or any of its agencies or political subdivisions, solely or partly because of a prior criminal record, except in cases in which a conviction directly relates to the position of employment sought, or to the specific occupation, trade, or profession for which the license, permit, or certificate is sought.

(2)In determining whether a conviction directly relates to the position of employment sought, or to the specific occupation, trade, or profession for which the license, permit, or certificate is sought, a licensing entity shall consider all of the following:

(a)The nature and seriousness of the offense.

(b)The nature of the specific duties and responsibilities for which the license, permit, or certificate is required.

(3)The amount of time that has passed since the conviction.

(4)Facts relevant to the circumstances of the offense, including any aggravating or mitigating circumstances or social conditions surrounding the commission of the offense.

(5)Evidence of rehabilitation or treatment undertaken by the person since the conviction.

B. Any complaints concerning violations of this Section shall be adjudicated in accordance with procedures set forth for administrative and judicial review contained in Title 49 of the Louisiana Revised Statutes of 1950.

C. Licensing boards shall not use vague or generic terms, including but not limited to the phrases "moral turpitude" and "good character".

Added by Acts 1978, No. 341, §1. Amended by Acts 1980, No. 574, §1; Acts 1981, No. 531, §1; Acts 1987, No. 694, §1; Acts 1995, No. 1188, §4, eff. June 29, 1995; Acts 1997, No. 364, §1; Acts 1997, No. 658, §2; Acts 1997, No. 1370, §4; Acts 1999, No. 1222, §1; Acts 2003, No. 279, §5; Acts 2004, No. 146, §1; Acts 2012, No. 486, §1; Acts 2016, No. 448, §1, eff. June 9, 2016; Acts 2018, No. 206, §3; Acts 2022, No. 486, §1; Acts 2024, No. 644, §1.

NOTE: See Acts 1987, No. 694, §§2, 3.