SLS 21RS-1998 ORIGINAL
2021 Regular Session
SENATE RESOLUTION NO. 100
BY SENATOR FOIL
LEGIS POWERS/FUNCTIONS. Requests the Law Institute to study and make
recommendations relative to certain collateral consequences faced by persons with criminal
records.
1 A RESOLUTION
2 To urge and request the Louisiana State Law Institute to study and make recommendations
3 relative to collateral consequences that can hinder persons with criminal records
4 from obtaining employment or occupational licenses.
5 WHEREAS, there are many barriers associated with a criminal record, including
6 difficulty in finding gainful employment and obtaining occupational licenses; and
7 WHEREAS, while Louisiana law generally prohibits the denial of licensure based
8 upon a criminal conviction that is not "directly related" to the licensed activity, twenty-seven
9 licensing bodies are exempt from these general limitations on conviction-based
10 disqualification, including most health care related boards, and there are no general
11 limitations on the imposition of these structural barriers to employment or business
12 licensure; and
13 WHEREAS, Louisiana law places no general limits on the age of convictions that
14 may be considered by employers or licensing bodies; and
15 WHEREAS, more than five hundred of the employment-related collateral
16 consequences imposed by Louisiana law may be triggered by any felony whatsoever, and
17 more than two hundred may be triggered by any crime at all; and
18 WHEREAS, Louisiana law does not generally require individualized consideration
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SLS 21RS-1998 ORIGINAL
1 of applicants and their convictions in private employment or licensing determinations; and
2 WHEREAS, few employment and licensing applications provide specific
3 information as to whether or how criminal history is considered, even those that inform
4 applicants that background checks may be required; and
5 WHEREAS, there is scant online information about how criminal history is
6 considered by employers and licensing bodies; and
7 WHEREAS, Louisiana law does not require employers to provide prospective
8 applicants with a list of the specific offenses that may be disqualifying; and
9 WHEREAS, Louisiana law does not generally require licensing bodies to identify
10 the specific convictions that may result in a discretionary denial; and
11 WHEREAS, Louisiana law does not generally require or authorize a process for
12 determining pre-application eligibility for employment or licensing; and
13 WHEREAS, although the law governing consideration of convictions for public
14 employment in unclassified positions suggests that an individualized approach should be
15 taken, it falls short of actually requiring it; and
16 WHEREAS, while Louisiana law generally requires occupational and professional
17 licensing bodies to provide applicants who are denied licensure due to a conviction with
18 written notice describing the reasons for denial, this requirement does not apply to the
19 twenty-seven licensing bodies not already subject to the general prohibitions on
20 conviction-based disqualification; and
21 WHEREAS, Louisiana law does not generally provide accessible pathways to appeal
22 or review that are specific to conviction-based licensing or public employment denials; and
23 WHEREAS, although review may be available under the state's general
24 administrative laws, this review process can be complex, costly, and prolonged; and
25 WHEREAS, while long-term relief for persons with a criminal history is most
26 commonly available in the form of expungement, Louisiana does not offer generally
27 applicable near-term relief from structural barriers to employment or licensure, either in the
28 form of certificates of relief or other mechanisms that mitigate the impact of these structural
29 barriers; and
30 WHEREAS, while expungement may be granted without a hearing so long as no
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1 objections are brought by law enforcement or the prosecution, it is not automatic and is
2 available only upon petition to the court; and
3 WHEREAS, expungement can be prohibitively costly for some persons, and can be
4 burdensome for those seeking expungement without an attorney because of the
5 documentation and filing requirements, complex eligibility determinations, and the fact that
6 a hearing may be required in some cases; and
7 WHEREAS, although expungement shields the record from public access and
8 prohibits a person from being required to disclose an expunged conviction, Louisiana law
9 does not explicitly prohibit employers or licensing bodies from considering convictions that
10 have been expunged, and expungement law specifically gives many licensing bodies the
11 authority to access expunged records; and
12 WHEREAS, the legislature could benefit from a comprehensive review of
13 Louisiana's laws relative to collateral consequences that can hinder a person with a criminal
14 record from obtaining employment or an occupational license.
15 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
16 does hereby urge and request the Louisiana State Law Institute to review and study
17 Louisiana's laws relative to collateral consequences of a criminal record on a person's ability
18 to obtain employment or an occupational license, in order to determine any need to amend
19 or clarify existing law, or enact new laws, that might negate or mitigate these collateral
20 consequences, and to make recommendations for proposed legislation to further this goal.
21 BE IT FURTHER RESOLVED that this study should include, but not be limited to,
22 recommendations for legislation that would:
23 (1) Allow employers and licensing bodies greater flexibility in deciding whether to
24 employ or grant licenses to persons with convictions, and allow applicants and employees
25 to be free from collateral consequences after a reasonable period of time.
26 (2) Align offenses that trigger collateral consequences with valid public safety
27 concerns.
28 (3) Promote fair, consistent application of discretionary consequences.
29 (4) Promote transparency relative to how an applicant's or employee's criminal record
30 is likely to impact employment and licensing opportunities.
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SLS 21RS-1998 ORIGINAL
1 (5) Expand the availability and effect of near-term and long-term relief mechanisms.
2 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
3 a report detailing the results of its study and its recommendations for proposed legislation
4 to the legislature no later than February 1, 2022.
5 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
6 director of the Louisiana State Law Institute.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SR 100 Original 2021 Regular Session Foil
Requests the Louisiana State Law Institute to study and make recommendations relative to
collateral consequences that can hinder persons with criminal records from obtaining
employment or an occupational license and requires a report to the legislature no later than
2/1/22.
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