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Nearly 73,000 arrests were made in Louisiana in 2021, according to the Crime in Louisiana, a report prepared by the Louisiana Uniform Crime Reporting Program for the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. Of this figure, male arrestees numbered 51,932, while female arrestees numbered 20,407. Whites and Black or African Americans accounted for the largest numbers per race demographic, with 33,743 and 37,436, respectively.
Only 12 native Hawaiians were reported arrested in 2021, accounting for the lowest figure among the major races in the state. Per age demographic, males between the age brackets 25-39 and 30-34 were the most arrested age groups, while the female age group with the most arrests was between the ages of 35-39.
According to Article 201 of the Louisiana Code of Criminal Procedure, an arrest is taking a person into custody by another individual. In an arrest, there must be an actual restraint of the individual taken into custody. The restraint may be imposed by force or arise from the submission of the individual arrested to the custody of the person arresting them.
Louisiana arrests may be made in the form of warrant and warrantless arrests. An arrest in the state may be made on any day, at any time of the day or night, and at any location.
A warrant arrest is generally an arrest made in line with an arrest warrant issued by a judge based on the sworn testimony of law enforcement. A law enforcement officer makes complaints via an affidavit, specifying under oath that an individual is committing or has committed an offense to the best of their knowledge and belief. The affidavit will be submitted to a magistrate or judge for approval before it may become active for the arrest of the offender named or described in it.
If the magistrate or judge has probable cause to believe that an offense was committed and the individual named in the affidavit committed it, they may sign and approve the affidavit for the offender's arrest. Per Section 203 of the state's code of criminal procedure, the warrant of arrest must be in writing in the name of the State of Louisiana, state the date of issuance and the parish or municipality where it was issued, the offense charged against the person to be arrest, and command that the suspect against whom the complaint was made be arrested and booked.
Since arrest warrants are generally directed to all peace officers in Louisiana per Section 204 of the state's code of criminal procedure, they may be executed by any law enforcement officer in any parish having authority in the jurisdiction where the person arrested is found or by a law enforcement officer having authority in a Louisiana jurisdiction who enters another jurisdiction in close pursuit of the individual arrested.
Under Section 217 of the Louisiana Code of Criminal Procedure, when making an arrest based on a warrant, a law enforcement officer must inform the person being arrested of their authority and that a warrant has been issued. However, if the person flees, resists, or if informing them would jeopardize the arrest, the officer is not required to provide this information immediately. The officer does not need to carry the warrant at the time of the arrest, but if the arrested individual requests to see it, the warrant must be shown as soon as possible after the arrest. Note that under Section 205 of the state criminal code, an arrest warrant remains in effect until executed.
Pursuant to Section 213 of the Louisiana Code of Criminal Procedure, a law enforcement officer may make an arrest without an arrest warrant if:
Note that a law enforcement officer making an arrest under Section 213 of the Louisiana Code of Criminal Procedure who is in close pursuit of the individual to be arrested is typically allowed to enter another jurisdiction in Louisiana and make the arrest.
A Louisiana arrest record is an official document detailing the information surrounding a person's apprehension by law enforcement agencies in the Pelican State. An arrest record is created when a person is taken into custody based on suspicion or charges of a crime.
Arrest records generally document the initial actions taken by law enforcement and not the entire interactions with the criminal justice system in Louisiana. Therefore, arrest records are not basically the same as criminal records. Criminal records typically provide a broad picture, including information about arrests, convictions, sentences, and other legal actions taken against an arrestee. If you want to know whether an arrested person was acquitted or convicted, you may need a criminal record, not an arrest record.
A Louisiana arrest record typically includes:
Under the Louisiana Freedom of Information Act, government agencies are legally required to allow public access to government records. When a person is arrested in the state, information relating to such an arrest is considered public records and accessible to anyone who makes a proper request.
You may request Louisiana arrest records in the following ways:
The Louisiana State Police generally maintains a database (LACCH) for criminal records, including arrest records. However, LRS 15:587, which governs the release of information from the Louisiana Computerized Criminal History (LACCH) system, ensures that information from the database is only available to authorized agencies, such as criminal justice and non-criminal justice agencies statutorily defined in LRS 15:587.
However, under LRS 15:588, individuals may obtain a certified copy of their criminal history records (which contains arrest records) via the Right to Review provision. The Right to Review process is available through the LAPS (Louisiana Applicant Processing System). LAPS generally offers a statewide network of fingerprinting locations, allowing individuals to submit digital fingerprints within their local communities. Applicants may schedule a fingerprinting appointment online, attend the appointment, and pay for the service. Once completed, they will receive their Right to Review criminal history report by mail or email.
Louisiana arrest records are typically filed as part of an individual's court case if the arrest led to a court case. You may visit the office of the clerk of court in the parish where the case was heard to request access to their records. Some courts also allow the public to search case information online via their websites.
Local marshal departments, police departments, and parish sheriff's offices are the first point of contact for Louisiana arrest records, as they are the agencies typically making arrests. Hence, you may visit the offices of these agencies to request arrest records. Some departments or offices have online portals where arrest records may be searched and requested.
Some third-party companies typically offer background check services, including a search of arrest record information. These companies aggregate data from various sources, including court databases and other public records. The service offered by these companies has certain limitations. They may not always have the most complete or up-to-date information as they rely on their source databases, which are updated periodically. Also, arrest records that have been expunged may still appear in their search results.
Whenever a law enforcement agency or a private background check company reviews your criminal history, any arrests will generally appear unless they have been expunged from your record. Hence, arrest records stay on your Louisiana state records unless sealed from public view via an expungement.
Louisiana law provides for the expungement of certain arrest and conviction records under restricted circumstances. Expungement in Louisiana generally means that eligible records are removed from public access but do not result in their destruction. An expunged record is confidential but may be accessed by law enforcement agencies, criminal justice agencies, and other specific agencies.
The first step in getting an expungement of arrest records in Louisiana is to determine if you are eligible. Eligibility for expungement typically depends on:
Due to the complex nature of determining eligibility for expungement in Louisiana, it is recommended that you consult with an experienced expungement attorney as a step before moving ahead with the expungement.
You may qualify to have an expungement if you:
There are specific waiting times before arrest records related to felony and misdemeanor convictions may be expunged. If you had a misdemeanor conviction and received no deferred sentence according to Article 894, you must wait five years after your sentence before you qualify for an expungement, according to the Louisiana Code of Criminal Procedure Article 977. There is typically a five-year waiting period between expunging multiple misdemeanor convictions not deferred under Article 894. However, if your conviction involves driving while intoxicated (DWI) - a misdemeanor, the waiting period increases to 10 years between each expungement for DWI-related arrests and convictions.
If you were convicted of a felony without a deferred sentence under Article 893, you must wait 10 years once you've finished with your sentence to file for expungement, as outlined in Article 978. Moreover, there is a 15-year waiting period between expunging multiple felony convictions without a deferment according to Article 893.
Note that arrest records related to the following convictions are unlikely to be eligible to be expunged:
To obtain an expungement in Louisiana, follow these steps:
The time taken for an expungement process to complete varies. Depending on which parish you're in, a typical expungement process takes about six months to complete. This duration covers the time required to turn in your expungement paperwork to the period taken to receive mail from the state police confirming that your arrest record is sealed.
Per Article 214 of the Louisiana Code of Criminal Procedure, a private person generally is allowed to make an arrest when the individual being arrested has committed a felony, in or out of the presence of the arresting citizen.
Arrest warrants are public records in Louisiana. These records typically provide valuable information about persons wanted by law enforcement agencies in Louisiana. Since the state Public Records Acts allow citizens to access public records, you may look up arrest warrants in the following ways.
You may look up Louisiana arrest warrants by visiting the relevant parish sheriff's office or police department with jurisdiction over the arrest. Some agencies typically require you to submit a written record, while others provide online search resources for finding arrest warrants. Whether an online search tool is available, all jurisdictions welcome in-person requests. The Caddo and Lafourche Parish Sheriff's Offices allow the public to look up arrest warrants on their website.
Requests for arrest warrants may also be made to city marshal departments. Some of these departments provide online search tools for users to find arrest warrants issued in their jurisdiction. For instance, the Pineville City and Lafayette City marshal departments typically offer online resources for arrest warrant lookups.
The clerk of the parish court generally maintains records of bench and arrest warrants issued and may be able to provide information on specific warrants. If you know what parish in Louisiana an arrest warrant was issued in, you may visit the parish court website or courthouse location to perform a search. If you can find the contact number of the parish clerk's office, you may call them to inquire about an arrest warrant.
Many third-party services typically offer arrest warrant search resources on their websites. While you may use any of these services to find an arrest warrant, the results obtained from searching their databases cannot be guaranteed accurate as Louisiana only discloses official records to authorized persons or agencies.
You may use a criminal defense attorney to help contact the appropriate authorities in Louisiana to find an arrest warrant. This method is particularly effective if you are concerned that a Louisiana arrest warrant may be out in your name. If an arrest warrant is found, an experienced criminal defense attorney may also help you initiate the process of resolving the warrant.