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