Act 486 (2022RS)
RS 37:33 - Pre-application Eligibility Determination
In accordance with LA:RS.37:33, an individual convicted of a crime may request at any time, including before obtaining any required education or training, that an entity issuing licenses to engage in certain fields of work pursuant to state law determine whether the individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the licensing entity.
LA:RS.37:33 allows for a pre-application eligibility determination with or without the completion of a criminal background check (CBC). However, an eligibility determination may be voided if at the time a full application for a license is submitted, the applicant has been subsequently convicted of a crime, has pending criminal charges, or has previously undisclosed criminal convictions. We strongly suggest that Request Option B is used in an effort to assure your determination is valid.
Request Option A – No CBC
An individual requesting a pre-application eligibility determination shall include any identifying information required by the Board and details of the individual's criminal conviction, including any information relevant to the factors provided in R.S. 37:2950.
Please submit a written, signed request for pre-application eligibility determination that includes the following information:
- Credential type sought.
- Full name (First Middle Last).
- All alias names.
- Date of Birth.
- Social security number.
- Current address.
- Phone number.
- Email address.
- Letter of explanation detailing, in your own words, the events that occurred in reference to each conviction.
- Documents from the appropriate jurisdiction outlining the final disposition of each conviction.
Within forty-five days after receiving a request, the Board will inform the individual whether, based on the criminal record information submitted, the individual is disqualified from receiving or holding the license about which the individual inquired.
Request Option B – CBC Through Board Office
An individual making such a request may seek a criminal background check at the time of a pre-application eligibility determination. As stated above, we strongly suggest that Request Option B is used in an effort to assure your determination is valid. If you wish to have your criminal background check completed at the time of your request, please submit a written, signed request for pre-application eligibility determination that includes the following information:
- Credential type sought.
- Request for Criminal Background Check
- Full name (First Middle Last).
- All alias names.
- Date of Birth.
- Social security number.
- Current address.
- Phone number.
- Email address.
- Letter of explanation detailing, in your own words, the events that occurred in reference to each conviction.
- Documents from the appropriate jurisdiction outlining the final disposition of each conviction.
The Board will email the applicant the information needed to complete the criminal background check upon receipt of the request. Only background checks completed through the Board will be accepted for pre-application eligibility determinations.
The Board shall inform the individual of a disqualifying determination within forty-five days of receipt of the criminal background check report.
Criminal history may be used as a basis for denial. All factors outlined in LA:R.S. 37:2950 shall be considered.
A determination made pursuant to a pre-application eligibility determination is binding upon the Board unless, at the time a full application for a license is submitted, the applicant has been subsequently convicted of a crime, has pending criminal charges, or has previously undisclosed criminal convictions.