However, the City should examine the types of jobs it has against different classes of felonies to develop a policy regarding the hiring of felons. That is, consideration can be given to the nature/severity of the felony, how long in the past the conviction was, etc. For example, the City may want to bar those convicted of financial crimes or theft from positions that handle money. Additionally, there may be certain jobs the City has that require, by law, a criminal background check. The City may wish to hire an employment attorney who will be able to help the City develop such a policy and that such policy should apply the same way to all applicants.

Note: R.S. 42:1702 (enacted in 2019) prohibits political subdivisions from inquiring on the initial application form about a prospective employee’s arrest record. That statute does not preclude a political subdivision from inquiring about convictions or pending charges on the initial application form. Additionally, R.S. 42:1414 requires municipalities to terminate employees who are convicted of a felony within 10 days of the conviction becoming final. Neither of these laws, however, prohibit a municipality from hiring of a felon.