Louisiana Arrest Records

Louisiana arrest records are records containing detailed information about individuals who have been arrested for a crime. In Louisiana, various agencies maintain arrest records. Examples of such agencies include the clerk of court, the criminal justice system, state police, and jails. According to Louisiana's Public Records Law, these agencies must make these records publicly available.

Arrest records usually contain information about an individual's arrest history without specifying whether the charges were dropped or the individual was acquitted. Hence, these records are not definitive proof of guilt. The difference between an arrest record and a criminal record is that criminal records specifically contain information on individuals who have been tried and convicted by law.

Information in arrest records typically includes:

• The subject's personal information (e.g., name and age)
• Physical description (i.e., height, weight, eye color, and body markings)
• A description of every arrest (e.g., date, time, location, arresting officer, and agency).

Are arrest records public in Louisiana?

Yes. Arrest records are public in Louisiana per Article XII, Section 3 of the Louisiana Public Records Law. Thus, anyone has the right to access and make copies of these records except if the records are legally exempt from the public. Examples of information in arrest records that is exempt from public disclosure include the following:

• Juvenile records: The arrest records of minors are restricted from public view. Per La. Child. Code Art. 412, juvenile records should be kept confidential.
• Expunged records: These are records that have been removed from the public domain. Individuals who are eligible for expungement can apply to have arrests struck from their records. Similarly, records that have been sealed to protect a witness or individual from harm are not accessible without a court order.
• Arrest records with ongoing investigations: To protect the integrity of an investigation and prevent evidence from being tampered with, information on ongoing investigations is not accessible to the public.
• Victim records: Information on victims of sexual offenses is often restricted for privacy reasons.

Apart from records that have been expunged, most records that have been restricted from public view are still accessible to authorized persons and individuals who possess a court order.

How Do I Look Up Arrest Records in Louisiana?

Individuals can look up arrest records in Louisiana using tools provided by the record custodians. The custodians of arrest records in Louisiana are listed below.

• The Louisiana State Police: This office provides access to arrest and criminal records for quick lookups, such as a background check, but for authorized individuals only. To obtain an arrest record from this agency, submit an application form with the necessary details to the Louisiana State Police Bureau of Criminal Identification and Information.
• Law enforcement Offices
• Parish Sheriff's Office
• Third-party databases.

Free Arrest Record Search in Louisiana

There is no free statewide tool for accessing arrest records in Louisiana, but it is possible to access free arrest records at the parish level and via other means.

• Parish sheriff's offices: Parish-level law enforcement in Louisiana offers online search tools through their websites and inmate roosters to find an arrest record for free. Examples of parish search tools include the Evangeline Parish Sheriff's Office and the East Baton Rouge Sheriff's Office.

• Louisiana Law Enforcement: Law enforcement offices in Louisiana, such as the Louisiana State Police and the Louisiana Department of Public Safety and Corrections, maintain tools for authorized access to arrest records. The Louisiana Computerized Criminal History System (LACCH) maintained by the Louisiana State Police provides access to arrest and criminal records to authorized entities as defined in LRS 15:587.

  Louisiana State Police

  7919 Independence Boulevard

  Baton Rouge, LA, 70806.

• Third-Party Databases: Some third-party databases offer online search features through their websites. Details, such as the subject's name, age, and location of arrest, are needed to facilitate a successful search.

How Long Do Arrests Stay on Your Record in Louisiana?

In Louisiana, there is no standard period for retaining arrest records. The records are accessible indefinitely for background checks, depending on the statute of limitation for the case, which can span from seven years upwards.

The duration of an arrest on a person's record also depends on the judgment of their case after trial. Trial outcomes can end either with a conviction or not guilty verdict.

• Conviction: Unless the arrest record is expunged, it remains a permanent part of the individual's record.
• Not Guilty Verdict: Cases that are dismissed as not guilty become sealed and inaccessible to the public. It is important to note that law enforcement agencies and some other legally authorized parties may still have access to it upon request.

How to Seal Arrest Record in Louisiana

Sealing a record means restricting unauthorized public access to it while expunging a record means removing that arrest record and information relating to it from the public domain. Louisiana State Laws make provision for sealing juvenile records but not adult records. Nevertheless, arrest records where the charges were dismissed may be sealed.

Hence, crimes that may be expunged in Louisiana are usually a dismissal, an acquittal, or a non-conviction. Some other eligibility criteria for expungement include the following:

• Completely a waiting period applicable to that offense
• Paying all necessary fines and fees
• The individual should not be a person of interest in any pending investigation.

Arrest records that are not eligible for expungement include the following:

• Violent crime arrests
• Sex crimes
• Drug-related arrests
• Domestic abuse arrests
• Stalking arrest
• Arrests for crimes against minors.

The steps for getting an arrest record expunged include the following:

• Ensure the crime is eligible to be expunged.
• Obtain the necessary forms: An individual seeking to expunge their record must fill out an expungement form obtained from the clerk of court's office in the jurisdiction where the arrest was made.
• File the petition for expungement. The petitioner must submit the completed expungement form and other necessary documents to the courthouse in the parish of arrest. Petitioners must also pay an expungement fee or apply for an expungement fee waiver.
• Wait for results: Petitioners usually wait for about 60 days before they get a response. If eligible and immediately successful, they receive a certificate of compliance from the Louisiana State Police. They may also be required to attend a court hearing to clear doubts about their petition, which may take another 30 days.
• Notify Private Background Check Companies: Louisiana law requires that certified copies of the expungement order be sent to all private background check companies.

It is very important to note that expunged records are not destroyed in Louisiana and that copies are retained for administrative purposes within the justice system.