Louisiana Criminal Records

A Louisiana Criminal Record is a comprehensive record of an individual's encounters with law enforcement. These records include arrests, convictions, and incarcerations.

The Bureau of Criminal Identification and Information (BCII) keeps these criminal records in Louisiana. The information included in a criminal record comes from local and district courts and state correctional institutions.

Louisiana is a closed records state, meaning not all people can't get criminal records from the person in charge of the documents. But the Bureau gives Louisiana Criminal Records to agencies and businesses in the state that can do background checks.

While standards for collecting and maintaining criminal records vary by parish, many Louisiana Criminal Records are online and available as a criminal background report.

In particular, a criminal record or background check will show you the following:

• The subject's personal information (full name, date of birth, gender, race)
• Any aliases
• Photograph or mugshot
• Fingerprints
• Past and current addresses
• Arrest report
• Past and current warrants
• Pending charges
• Conviction status
• Post-conviction status

Louisiana Criminal Records include information that may vary depending on the type of conviction that a subject committed. Here are the major offenses in Louisiana that may be present in an individual's record:

Felonies

A felony record in Louisiana could lead to the death penalty or "at hard labor" prison time, which means a state prison sentence.

There are no different types of felonies in Louisiana like in many other states. Instead, a felony in Louisiana is any crime for which you could spend more than a year in jail. Here are some instances of felonies punishable by time in state prison or parish jail:

• First-degree murder
• Second-degree murder
• Aggravated rape
• Manslaughter
• First-degree robbery
• Aggravated battery
• Gun theft
• Purse snatching

Most of the time, a felony conviction stays on your record for the rest of your life. It is always there unless removed through state expungement.

Misdemeanors

Most states put misdemeanors into different classes or categories based on how bad they are, and each type has a sentence or a range of penalties. But these are different in Louisiana. Its criminal laws spell out the punishments for each crime on its own. In the few cases where the law doesn't assume the penalty, the maximum is a $1,000 fine, two years imprisonment, or both.

Misdemeanor offenses in Louisiana include:

• Cyberbullying
• Petty theft or auto theft with a property value of less than $1,000
• Personal possession of marijuana
• Possession of drug paraphernalia
• Graffiti under $500
• Disturbing the peace
• Public drunkenness
• Underage drinking
• Simple battery

Several misdemeanors turn to felonies under specific conditions, such as when the offender has prior convictions.

Misdemeanor records need five years waiting period before you can petition for state expungement. You can't have any criminal convictions or charges during those five years. In Louisiana, you may remove a misdemeanor every 15 years.

Criminal Driving Violations

In Louisiana, many traffic violations can happen. Some have more severe consequences than others, like fines, driver's license points, or even jail time.

A traffic violation in Louisiana can be an infraction, misdemeanor, or felony, depending on the severity of the offense.

Traffic Infractions

In Louisiana, traffic infractions are minor crimes that can lead to a fine but not a criminal record. Some examples include:

• Speeding
• Driving without a license
• Running a red light

The primary distinction between traffic infractions and misdemeanors is that misdemeanors may result in prison time, but traffic infractions often do not.

Traffic Misdemeanors

Traffic misdemeanors in Louisiana are less severe than traffic felonies, but they can still lead to fines, jail time, or both. The penalty depends on the severity of a person's misdemeanor. Some of the most common traffic misdemeanors in Louisiana are:

• Driving with a suspended license
• Illegal U-turns or lane changes
• Running a red light or stop sign
• Speeding

In addition to fines or imprisonment, a traffic misdemeanor in Louisiana can cause your insurance rates to go up and could make it harder for you to get car insurance in the future.

Felony Traffic Violations

If a driver in Louisiana is guilty of a felony traffic offense, they could face five years in jail or a $5,000 fine. Here are some examples of traffic felony crimes in Louisiana:

• DUI
• Hit and run
• Reckless driving
• Racing or speeding on a public road
• Fleeing to elude a police officer

When someone gets a ticket for a traffic violation in Louisiana, how long it stays on their record varies depending on how severe the offense was and whether or not they battled the ticket.

Most minor offenses, like speeding resulting in a ticket, stay on the driver's record for three years. If the person pleads guilty or is guilty at trial, the offense will remain on their record for five years.

When you get a DUI or drive recklessly, you will have a ten-year mark on your record. If a person is guilty of a felony involving a motor vehicle, like vehicular homicide, the crime will stay on their record forever.

Sexual Offenses

In Louisiana, there are two primary sexual offenses: rape and sexual battery. Both crimes make it illegal to have sexual contact with someone without their permission. Both can lead to felony convictions and the need to register as a sex offender.

When the offender has vaginal, oral, or anal sex with the victim, this is a form of rape. During the rape, there is some penetration. Conversely, sexual battery is when someone forces another to touch them sexually.

Rape

Depending on the circumstances, rape is a crime that has three different degrees in Louisiana. The punishment will be harsher the worse the crime is.

First-Degree or Aggravated Rape

A person who forces someone to do oral sex while holding a gun could be guilty of aggravated rape. The sentence for aggravated rape is life in prison without the possibility of release.

Second-Degree or Forcible Rape

A person may be convicted of forced rape if they deliver Rohypnol (the "date rape" drug) to another individual and then engage in sexual activity. A conviction for this rape in the second degree is punishable by five to 40 years of imprisonment at hard labor.

Third-Degree or Simple Rape

A person convicted of simple rape engages in sexual behavior with an intoxicated woman who cannot agree. A guilty defendant gets up to 25 years in jail with hard labor.

Sexual Battery

Sexual battery entails sexually touching or forcing the victim to touch the offender. Depending on the type or circumstances of the crime, Louisiana further divides the sexual battery into three:

Second-Degree Sexual Battery

A second-degree sexual battery criminal faces 15 years in jail, with or without hard labor. Those 17-year-olds who sexually assault minors under 13 get 25 to 99 years in prison. If the victim is handicapped, mentally ill, or above 64, the penalty is 25 to 99 years in jail.

Oral Sexual Battery

Oral sexual battery occurs when the perpetrator contacts the victim's anus or genitalia with their tongue. It involves a jail sentence of 25 to 99 years, with or without hard labor.

Misdemeanor Sexual Battery

A person commits misdemeanor sexual battery by touching the breasts or buttocks of the victim or vice versa, either directly or through their attire. This crime is punishable by up to six months in jail and a $1,000 fine.

How long does a sexual offense stay on record in Louisiana? Louisiana sex offenders are on the registry for at least 15 years, although the term varies by case. Tier I offenders need 15 years on the registry. Tier II offenders need 25 years, while Tier III offenders are forever on the registry.

The BCII of Louisiana State Police provides the State Sex Offender and Child Predator Registry website, where you can find sex offenders in the state. The public can access information on the reported physical presence or location of convicted sex offenders, child predators, and sexually violent predators through this website.

Expungement in Louisiana removes your criminal record and returns you to your pre-offense status. The state draws the history from all official sources but does not delete it. Louisiana maintains a private file of these records that only law enforcement, courts, and specific state licensing organizations can access.

Eligibility Requirement for Louisiana Expungement

If a person is not guilty, there is a dropped charge, or the suspect has only committed a less severe or nonviolent offense, they are eligible for Louisiana expungement.

More specifically, to be eligible, a petitioner must meet the following conditions:

• Have only traffic citations
• Have settled all penalties and reparations
• No ongoing criminal charges
• Have spent the required time after completing the sentence, including supervision, to petition for expungement

The following are offenses not eligible for the state expungement:

• A sex crime
• A violent crime
• Drug distribution
• Misdemeanor stalking
• Domestic abuse battery
• Misdemeanor stalking
• A juvenile-targeted offense

Only after serving your sentence may you file a petition to have a conviction expunged. After your most recent conviction, sentence, probation, or parole, you must wait a few years before filing.

It will take five years to file expungement if you are guilty of a minor misdemeanor. During this time, you can't have any felony convictions or charges. In Louisiana, you may petition to remove one misdemeanor record every 15 years and ten years for a DUI conviction.

If you got a felony conviction, you have to wait ten years. You can't be on probation or have any other charges against you. Usually, you can request to remove a felony record every 15 years.

You may petition for expungement immediately if arrested but not convicted (charges dropped, motion to quash granted, not guilty).

Filing Expungement in Louisiana

Filing expungement in Louisiana requires you to complete forms, pay the necessary fee, and wait for a specific period. Here are the details on how you can file expungement in Louisiana:

Find the Appropriate Forms

The Louisiana Clerks of Court Association (LCCA) has all the forms used by Louisiana courts, and you can find the appropriate document for expungement there. Also, courts in different parts of Louisiana use the Justice and Accountability Center (JAC) forms. You need to accomplish these forms together with other necessary documents.

Some courts need extra forms and copies of records that a notary public has signed to finish the expungement applications. You can verify this with the court clerk in your parish.

File Your Expungement Petition With the Court Clerk

Include your criminal record and all the other forms and documents needed. After you file your expungement petition in Louisiana, you have 30 days to get a copy of your criminal record from the state.

Pay the Necessary Fee

You need to pay $550 for the service the BCII, the parish DA, the court, and the parish sheriff offer. In some situations, there may be extra fees, raising the total cost to almost $700.

Wait for a Response

If you qualify for expungement, you won't have a hearing. But in such a case, the LSP will provide a "Certificate of Compliance". after 30 to 60 days. This certificate signifies that the LSP has removed your record per a court order.

However, if the district attorney (DA) or a victim disagrees with your eligibility, you must go to court and wait for another 30 days for the hearing.

Inmate records in Louisiana include those incarcerated in state prisons, parish jails, correctional institutes, and other penal institutions.

The Louisiana Department of Public Safety & Corrections (LDPSC) records all state inmates. Most of these records are available to the public, as required by the state's laws on public records.

Louisiana provides two methods for locating offenders in the state. You can call the imprisoned person locator automated line at 225-383-4580, which enables users to input the offender's DOC number and get the offender's current status. It is accessible 24/7.

Alternatively, you can do an internet search at Vinelink, where you will obtain information such as the offender's current location, a summary of all convictions, and their earliest probable release date.

In Louisiana, access to inmate records by the general public may offer the following information:

• The inmate's personal information (name, date of birth, registration number, sex, race, height, and weight)
• Any aliases
• Sentence summary
• The type and class of offense
• The trial parish
• Inmate mugshots or booking photo
• Assigned location

In Louisiana, an arrest record summarizes information on people arrested or detained by local, parish, or state law enforcement authorities.

The law enforcer can arrest without a warrant in certain situations in Louisiana, like when a police officer sees a crime or has a credible reason to think someone committed a crime.

Every peace officer who makes an arrest or has an arrested person in his possession is responsible for transporting the detained individual to the closest prison or police station and booking the accused.

The arresting officer must provide a booking summary to the subject who accepts custody at booking. The summary must include the arrestee's legal name, the charge(s), and the circumstances leading to the arrest. The booking process is when the official arrest record begins for the subject and the crime they are accused of committing.

If the arrest information does not jeopardize ongoing investigations, the public may request arrest records from the arresting agency. Otherwise, the arresting agency must withhold the arrest record.

In Louisiana, the arresting municipal, parish, or state law enforcement agency is mostly the keeper of arrest records. However, the Louisiana Computerized Criminal History System (LACCH) provides arrest, disposition, and imprisonment data on those arrested in Louisiana.

In a Louisiana Arrest Record, you can find some of the following information:

• Arrestee's personal information (name, date of birth, sex)
• Arrest date and location
• Reasons for an arrest (charges)
• Photograph
• Fingerprints
• The arresting officer and the agency

Criminal records are routinely accessible in Louisiana by businesses that wish to investigate the histories of any possible employee.

In Louisiana, you can obtain an official criminal record in multiple ways through the BCII.

First, authorized organizations in Louisiana may run an online background check for criminal histories. Each record search based on a person's name costs $26. However, this online service needs account registration. In addition, If a requester is a new user, they must get prior approval from the LDPSC.

Meanwhile, in-state companies and agencies who want to obtain criminal records in Louisiana must fill out an authorization form. They must also provide a disclosure form and payment for the request. Place the application package in a self-addressed envelope and mail it to the BCII.

Individuals seeking to access or check their criminal records may visit the Bureau in person with the requirements above. The Bureau charges a processing fee of $26 and a fingerprinting fee of $10. Additionally, you must provide a valid state-issued picture ID or driver's license to complete the request.

Those unable to visit in person must provide a permission form, fingerprints, and a rap disclosure form with the required payment. Then, mail the application package to the BCII in a self-addressed stamped envelope. Mail-in requests take 15 to 21 days to complete.

There are also Louisiana public records search tools you can use to find information on various individuals. You can conduct a search using basic information, like name and address, or more in-depth information, like a court case number.