Background Check Error Lawsuits in Louisiana

Louisiana limits how employers use criminal records in hiring. Under La. R.S. 23:291.2, when an employer makes a hiring decision, it may not request or consider an arrest record or a charge that did not result in a conviction if the information came from a background check, unless another law provides otherwise. For other criminal history, the employer must make an individualized assessment of whether the record has a direct and adverse relationship to the specific duties of the job. It must consider the nature and seriousness of the offense, the time that has passed, and the nature of the job. On written request, the employer must give the applicant the background check information it used.

Louisiana also has a ban-the-box rule for state government jobs. Under La. R.S. 42:1701, state agencies may not ask about criminal history, including on an initial application, until after an interview, or after a conditional offer if there is no interview. It applies to unclassified state positions. Law enforcement, corrections and jobs that require a background check by law are excluded. There is no statewide ban-the-box law requiring private employers to remove the question from applications.

Louisiana's credit reporting statute, La. R.S. 9:3571.1, can also matter in hiring. It allows recovery when erroneous information in a credit report leads to a denial of employment. Louisiana does not have a separate tenant screening statute, so tenant reports are governed mainly by the federal FCRA. If a record has been expunged, a background or tenant report that still lists it may be inaccurate.

Where Louisiana FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Louisiana are heard in 3 federal districts:

Eastern District of LouisianaCourthouses: New Orleans.Filed with local or cooperating counsel
Middle District of LouisianaCourthouses: Baton Rouge.Filed with local or cooperating counsel
Western District of LouisianaCourthouses: Alexandria, Lafayette, Lake Charles, Monroe, Shreveport.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Louisiana laws that add to the FCRA

Criminal history in hiring decisions (La. R.S. 23:291.2)
Employers may not request or consider arrests or charges that did not result in a conviction when obtained through a background check, unless other law provides otherwise. For other criminal history, they must do an individualized assessment and, on written request, provide the background check information they used. Read it
Ban the box for state employers (La. R.S. 42:1701)
State employers may not ask about criminal history until after an interview, or a conditional offer if there is no interview, for unclassified state positions. Law enforcement, corrections and positions requiring a background check by law are excluded. Read it
Damages for erroneous information causing denial of employment (La. R.S. 9:3571.1)
A consumer denied employment because of erroneous information in a credit report may recover actual damages, attorney fees and court costs if the error was a significant cause and the agency failed to use ordinary care. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Louisiana employer reject me because of an arrest that did not lead to a conviction?

Under La. R.S. 23:291.2, an employer generally may not request or consider an arrest or charge that did not result in a conviction when the information comes from a background check, unless another law allows it. If a report shows a dismissed charge as a conviction, it may also be inaccurate under the FCRA.

Can I see the background check a Louisiana employer used?

Yes. Louisiana law requires an employer, on your written request, to provide the background check information it used in hiring. The federal FCRA separately requires the employer to give you a copy of the report before taking adverse action.

Does Louisiana have a ban-the-box law?

Louisiana's ban-the-box statute, La. R.S. 42:1701, covers state government employers for unclassified positions. Private employers are not barred from asking on an application, but they must follow La. R.S. 23:291.2 on arrests and individualized assessment.

How long do I have to file an FCRA lawsuit in Louisiana?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.