Amends provisions regarding criminal background checks. (8/15/10)
The passage of SB 406 would enhance the ability of law enforcement and other significant agencies to access a clearer picture of individuals' criminal histories, even post-expungement. The bill is likely to impact individuals seeking employment in sectors requiring background checks, particularly in fields directly associated with child protection and other sensitive areas, as these entities will not have the ability to dispose of past offenses entirely but instead will require disclosure under certain conditions. This could potentially affect job prospects for individuals with prior convictions.
Senate Bill 406 aims to amend existing laws regarding criminal background checks in Louisiana. The bill particularly focuses on how information concerning arrests and convictions is disclosed, and who has access to expunged records. The amendment includes provisions for criminal justice agencies, the office of the attorney general, and district attorneys' offices to obtain records that were previously expunged, including convictions subject to dismissals under specific articles of the Louisiana Code of Criminal Procedure. This marks a significant alteration to current practices by increasing accessibility to information that was thought to be confidential post-expungement.
Discussions surrounding SB 406 have presented mixed sentiments among lawmakers and the public. Proponents argue that expanded access to criminal records is essential for maintaining safety and protecting vulnerable populations, particularly children. On the other hand, some advocates for expungement express concern that the bill undermines the intent of expungement laws, which aim to help individuals in re-entering society without the stigma of past mistakes. As such, there is a palpable tension between law enforcement needs and individual privacy rights.
The main contention of SB 406 revolves around its implications for personal privacy and the efforts to rehabilitate offenders. Critics fear that by loosening restrictions on access to expunged records, the bill could lead to perpetuating stigma and barriers for reintegration into society. Advocates for expanded access maintain that the necessity for child protection and public safety outweighs privacy concerns. The debate illustrates the complexity of balancing the rights of individuals with the safety of the community, particularly in sensitive occupations.