Louisiana Arrest Records

Are Arrest Records Public in Louisiana?

Yes, arrest records are public records in Louisiana, but access is conditional. Public access to arrest records is only permitted if it does not impede an ongoing investigation. As a result, the accessible arrest records usually have subjects who have been convicted or acquitted and their cases closed.

In Louisiana, the public can access, review, and duplicate arrest records, but this access may be restricted if a record is protected by law or court order. An inquirer can conduct a Louisiana arrest search online or in-person to retrieve information about a person taken into custody by a law enforcement officer. However, only arrest records of arrestees who have been convicted or have accepted to plead guilty are available to the public (LA Rev Stat § 44:3). This means that arrest records are confidential until adjudication. Any arrest record that requires the following is exempted from public records:

• Contain or intend to reveal the identity of an undercover police officer
• Contain information on a status offender as defined in the Children's Code
• The disclosure of information that would reveal undercover or intelligence operations

What is Considered an Arrest Record in Louisiana?

In Louisiana, an arrest record comprises information regarding a person's alleged violation of the state's criminal laws. Anyone who has been apprehended by city, parish, or state law enforcement officials likely has such a record.

Arrest records in Louisiana comprise the arrest data and identifying information of people apprehended for violating the state's criminal law. Law enforcement agencies centrally retain arrest records as police officers are responsible for creating such records after arrests.

Arrest records typically contain information deemed significant by the arresting agency. As such, the documents provide information on the alleged offense, suspect, time and place of the arrest, and so on. However, they cannot serve as a substitute for Louisiana criminal records.

What Shows Up on an Arrest Record in Louisiana?

A Louisiana arrest record will include the following details:

• Name of the person being investigated
• The individual's profile, including name, age, gender, and current address
• The location and time of the arrest
• Mugshot
• Fingerprints
• Charges
• Bail information
• Outstanding warrants
• Pending charges
• Information about any vehicles involved (make, model, and year)

Who Can Access Arrest Records in Lousiana?

All data created and kept by government entities, including law enforcement agencies, falls under Louisiana's Public Records Law. Under this law, government information and records are presumed public. As a result, arrest records created and retained by the local and state law enforcement agencies are accessible to the record holders, other criminal justice agencies, and members of the public.

However, as explained previously, public access to arrest records is not absolute. Law enforcement agencies only grant conditional access to arrest records. Hence, access to such records may be withdrawn if the record is confidential by statute or court order. Furthermore, public access to erased or sealed arrest records is also prohibited.

Louisiana Arrest Statistics

The Louisiana Statistical Analysis Center (LSAC) provides access to criminal justice data submitted by law enforcement agencies in the state. Their Crime in Louisiana Report reveals that about 130,655 individuals were arrested in the state in 2020. About 94,726 were males, and 35,929 were females. The majority of the arrestees were guilty of the following:

• Drug abuse violations - 21,723
• Larceny/theft - 17,004
• Simple assault - 16,784
• Aggravated assault - 8,630
• Disorderly conduct - 5,182
• Burglary - 4,070
• DUI - 3,908
• Weapon carrying/possession - 3,859
• Vandalism - 3,098
• Stolen property possession - 2,406
• Drunkenness - 1,242
• Motor vehicle theft - 1,112
• Liquor law violations - 1,092
• Robbery - 1,023
• All other offenses (except traffic) - 34,769

How Do I Lookup Someone's Arrest Records in Louisiana?

Arrest records in Louisiana are obtainable from the arresting agencies that generated them. The arresting authority is usually a city, parish, or state police agency.

Usually, interested parties can contact the arresting agency to acquire the arrest record. However, for added convenience, many of these organizations have internet databases where users can obtain arrest information. It is worth mentioning that anyone who wants to get their hands on a Louisiana arrest record must pay a fee to cover the expense of duplication.

Arrest records are also included in criminal history information. As a result, residents and other parties may order a person's comprehensive criminal history report or conduct an internet background check to find someone's arrest records. Note that comprehensive criminal reports are only available to authorized entities, including:

• The subject of the criminal record
• Regulatory authorities
• Authorities in charge of licensing
• Louisiana-based employers
• Health and Medicare agencies

Eligible entities who want access to criminal records must complete an authorization form and attach a disclosure form, along with payment for the request. The request should be mailed to:

Louisiana State Police
Bureau of Criminal Identification and Information
P.O. Box 66614 (Mail Slip A-6)
Baton Rouge, LA 70896

Due to the limitations in obtaining criminal records, individuals may resort to third-party public records sites to obtain Louisiana criminal records or run an internet background search via a website provided by the Louisiana Department of Public Safety (LADPS).

The LADPS database can be explored by inputting the name of the record holder into a search field. Each name search costs $26. However, the inquirer must create an account to use the service. New users must obtain approval from the LADPS.

How to Subpoena Arrest Records in Louisiana

A subpoena is a judicial order that instructs an individual or corporation to testify or produce evidentiary documents during a hearing or trial. It is a legal document that allows a litigant to seek information from non-parties to the case.

To obtain arrest records to be used in a court proceeding, a Louisiana court must issue a subpoena duces tecum, which must be served on the custodian governmental agency. A subpoena duces tecum is a type of subpoena that compels the production of documents and records deemed relevant to the case.

Title 13, Section 5112.1 of the state laws governs the issuance of a subpoena duces tecum for a governmental entity. Per the law, the party requiring the arrest record must fill out a subpoena form and submit it to the court clerk for approval and issuance. The subpoena will specify the designated document(s) and the format in which the document should be provided.

After the subpoena is issued, it can be served on the relevant agency's record custodian via domiciliary service, personal service, or U.S. mail.

Note that the court will cancel any subpoena that is not served on time. Also, the bearer of the subpoena must pay the agency's fee to obtain the record in question. Court rules mandate that no governmental entity shall be compelled to provide any document for which a fair cost or charge has not been paid. This is because the state believes that a party requesting the record must take reasonable measures to prevent placing an unreasonable burden on the subpoenaed entity. The court may revoke a subpoena that is excessive or burdensome.

Furthermore, unless the subpoena is backed by a second court order stating otherwise, the custodial government agency will have effectively executed the subpoena if it provides an accurate copy of the information or materials specified in the subpoena. The subpoenaed information must be sent to the court via registered or certified mail at least 48 hours before the subpoena's deadline or delivered in person on the deadline date.

How to Search for an Inmate in the Louisiana Prison System

Individuals interested in finding inmates within the Louisiana prison system must search inmate records. An inmate record is an official document that provides information on an inmate's present and previous incarceration status.

Until 2009, the state of Louisiana deemed inmate information to be confidential. As a result, inmate information was only distributed to the criminal justice agencies. However, in recent times, such information is considered public and is made available for review and copying. Hence, civilians can now acquire information about inmates from the local and state correctional facilities.

The sheriff's office in each parish maintains inmate records of those confined in local detention centers (parish jails). Many offices have an online database of inmate records that can be searched by name or location.

The quickest approach to find inmates incarcerated in state prisons is to query the Louisiana Department of Public Safety and Corrections (DPS&C), as the agency oversees the operation of state prisons. The department offers the Imprisoned Person Locator, which is accessible by calling (225) 383-4580. Before calling, an individual must have the following information:

• Inmate's identification number
• Inmate's name
• The name and address of the detention facility
• The anticipated release date

The imprisoned person locator disseminates data on inmates, including people on probation and parole. However, the system will only offer information on those in DPS&C custody; it will not provide information for people awaiting trial or serving time in parish jails.

Additionally, the Louisiana Automated Victim Notification System (LAVNS) provides inmate information. LAVNS provides access to an inmate's whereabouts online or by calling (866) 528-6748 LAVNS, unlike the imprisoned person locator, can be used to search both state and parish-level facilities.

General search results include:

• Inmate's full name
• Date of birth
• Race
• Gender
• Height and weight
• Facility of incarceration
• Custody status
• Offense

Overall, both inmate search systems are operational 24 hours a day. The databases are also updated regularly, allowing requesters to obtain reliable information on offenders imprisoned in the state and those on parole or probation.

How Do I Find Out if Someone Was in Jail in Louisiana

Criminal justice agencies responsible for the jails and prisons in Louisiana maintain inmate records of incarcerated individuals. As each inmate progresses through the justice system, these agencies are also responsible for updating the records. As a result, when someone is released from prison or paroled, their inmate record will reflect their current status.

Inmate locators maintained at the state and local levels provide information on an inmate's custody status as well as their expected release date. Hence, members of the public can obtain information about inmates that are still in custody, paroled, on probation, and those that have been released. Nevertheless, it is best to contact the jail or prison administration for information on paroled and released inmates.

How to Find Recent Arrests in Louisiana

Louisiana residents can find recent arrests at Parish sheriff's offices. These offices provide arrest information through online inmate search tools or inmate lists/rosters. For example, the East Baton Rouge Parish Sheriff's Office has a Prison Inmate List where individuals can find recent arrests in the parish. The list contains the arrestee’s last name, first name, date booked, and bond appearance form. To facilitate the search, a requester can type the arrestee's name in the search box above the inmate list. Also, the Jefferson Parish Sheriff's Office has an Online Inmate Search tool that allows individuals to access current arrest information about inmates. The search criteria are by last name, first name, middle initial (optional), sex, and race. In the last name/first name fields, the search will return all matches whose names begin with the letters a requester types. For example, if a requester enters John, the search will also turn up Johnny. This can be handy when the requester does not know the spelling of an arrestee’s name.

Alternatively, individuals can visit the Sheriff’s Office in the parish where a person was arrested to find their arrest information. The requester must provide basic information about the arrest to facilitate the search.

How Long Do Louisiana Arrest Records Stay on File?

A Louisiana arrest record will remain on file indefinitely unless a court of law expunges the record. As long as the record is on file - even if the associated arrest did not result in a criminal conviction - it can appear in one's criminal history report and a background check.

Are Arrest Reports Public in Louisiana?

An arrest report is a legal document that provides the details of an arrest in Louisiana. This report is helpful in investigating and prosecuting crimes. Arrest reports are public records in Louisiana. However, the following arrest reports are deemed confidential:

• Arrest reports contain the personal information of a victim of a sexual offense
• Arrest reports containing the identity of an undercover law enforcement officer
• The arrest report of anyone identified as a status offender as defined in the Code of Juvenile Procedure (Juvenile)

All other documents pertaining to an arrest are confidential until adjudicated, and the documentation supporting the adjudication is recorded. Only arrest records (excluding field arrest reports) containing the final disposition of each specific arrest are available to the public.

How to Obtain Arrest Records for Free in Louisiana?

Public arrest records in Louisiana may be viewed for free at the physical locations of law enforcement agencies. However, duplicating a record requires the payment of a modest cost unless the requester qualifies for a fee waiver.

Alternatively, a requester can use the databases provided by the sheriff's offices to obtain arrest information for free.

How to Search for a Louisiana Arrest Record Online Using a Third-Party Search Service

Third-party websites are internet-based applications or databases that are not owned by a government agency. These sites offer access to public information that is predominantly generated and disseminated by government agencies. This includes arrest and criminal records.

To search for a Louisiana arrest record on a third-party site, an individual must usually input the record subject's first and last name into search boxes. Additional information such as the subject's location and middle name may be required to streamline results.

While some third-party websites may provide basic arrest information for free, comprehensive arrest information is typically offered in exchange for a fee or membership registration.

How to Correct an Arrest Record in Louisiana?

Anyone who discovers an inaccuracy in their arrest record should immediately contact the arresting agency to express their concerns. The individual will be informed of the appropriate procedures to follow by the agency.

Alternatively, because arrest records in Louisiana are included in criminal records, the affected party may contact the Bureau of Criminal Identification and Information to complain. The steps are thus:

• Obtain official paperwork highlighting the error. The paperwork is usually at the court where the case was heard. A certified copy of the record can be obtained from the court clerk.
• Obtain the criminal record and fingerprint cards
• Explain the error in a letter to the Bureau of Criminal Identification and Information.
• Bring the letter, the criminal record, certified court documents, and fingerprint cards to the State Police Headquarters in person. The documents may also be mailed to the Bureau at:

Louisiana Bureau of Criminal Identification and Information
7919 Independence Boulevard,
P.O. Box 66614 (Box A-6)
Baton Rouge, LA 70896

The Bureau will conduct an internal audit to verify the error and work with the arresting agency to take appropriate action toward correcting the record. Then, the affected party will be notified of the audit results by letter.

If a record holder discovers an inaccuracy on a non-government public records website, the site should be contacted directly. As such sites are not affiliated with the government, any changes to a government database may not immediately reflect on the third-party website.

How to Expunge Arrest Records in Louisiana

Louisiana law defines expungement as the removal of a criminal record, including pictures, fingerprints, and disposition, from public view.

Any person who was arrested but not convicted of a crime can expunge their arrest record in Louisiana. This includes offenses for which a person was arrested but not charged and offenses for which a person was charged but found not guilty.

An expungement is required to keep an arrest and all connected records confidential. If the expungement order is granted, the arrest record will be sealed, and it will no longer be accessible to the public or shown on criminal background checks. Note that expunging an arrest record in Louisiana does result in the record's physical destruction. Furthermore, it will remain on file, and specific government organizations, such as law enforcement, will be able to access it.

An individual who wants to expunge a Louisiana arrest record is strongly encouraged to hire an expungement lawyer. Nevertheless, parties proceeding without legal representation can begin by filing a petition in the parish where the arrest transpired. In most cases, the court will review the petition and sign it if the petitioner meets the legal requirements.

If the expungement is approved, local authorities will receive copies of the signed order, and the Louisiana Department of Safety will notify state and federal agencies. The process of expungement typically takes 60 to 90 days.

Louisiana's Expungement Procedure

The specific steps that individual must take to obtain an expungement in Louisiana include:

• Acquire the relevant petition forms directly from the clerk's office in the presiding court or the Louisiana Clerks of Court Association's website.
• As directed by the court clerk, fill out the required paperwork and provide the necessary documentation.
• File the expungement petition with the court clerk, including all essential paperwork and forms, e.g., the petitioner's criminal record.
• Pay the $550 expungement fee. Fees to the Louisiana State Police (LSP) Bureau of Criminal Identification and Information, the court, the parish's district attorney, and the parish's sheriff are included in this total. Additional costs may be required in certain circumstances, but the total cost may not exceed $700.
• Wait about 60 days for the court's ruling.

If the petitioner qualifies for expungement, a court hearing may not be necessary. If no hearing is required, the party will have to wait another 30 to 60 days for the LSP to provide an expungement "Certificate of Compliance". This document signifies that the LSP has followed the court's order and made the petitioner's record unavailable to the public. A court hearing will only be necessary if anybody opposes the petitioner's expungement.

If a person obtains an expungement order from a Louisiana court, state law compels them to notify any background check service about the expungement. The individual must send a certified copy of the expungement order to each company via certified mail. The law prohibits a background check service from disclosing an expunged record once it receives the notice of the expungement.

One should note that even if the court does not approve the expungement, the fees paid during the process are not recoverable. Also, the expungement fee may be waived if the petitioner has no past felony convictions or current felony charges, and the individual was acquitted or had their charges dismissed.

A petitioner who qualifies for a fee waiver must submit a "Certification for Fee Waiver" form to the parish district attorney for signing and approval. The signed waiver form must be submitted with the expungement petition. The Certification for Fee Waiver form can be found on the Louisiana Clerks of Court Association's website.