What Job Protections for Formerly Incarcerated People Could Mean
As New Orleans voters weigh a historic proposal—the Fair Chance Amendment—to strengthen job protections for people with prior conviction histories, a critical truth remains: those who have served their time are five times (5x) more likely to be unemployed than the general public. While the political push for a “second chance” is powerful, the reality of rebuilding your life in Louisiana depends on clearing the paperwork.
Louisiana has one of the highest incarceration rates in the country. Background checks, licensing restrictions, and lingering records make reintegration nearly impossible without active legal support. The new amendment is a critical step, but it is not a silver bullet. You must act to clean your record yourself.
At Smith & Bloom Criminal Defense, we believe second chances shouldn’t depend on luck or a slow-moving legislative body. They depend on strong advocacy, accurate legal guidance, and timely action to clear your record.
➡️ Contact us to learn how we can help you pursue expungement and protect your rights as you rebuild your life.
Understanding the “Fair Chance Amendment” and State Law
The new proposal aims to amend the city’s Home Rule Charter to protect applicants based on “conviction history.” While a “yes” vote provides symbolic weight and protects applicants from arbitrary discrimination by the city and its contractors, the practical power still lies in existing state law and the expungement process.
New Orleans already passed a “Ban the Box” ordinance for city jobs, but that policy does not stop the background check. Similarly, the Fair Chance Amendment does not apply to most private employers.
The most powerful legal shield available is expungement. Our attorneys understand how even minor offenses can resurface years later during background screenings, often leading to lost job offers or professional license denials. Knowing how to legally remove or limit public access to those records is key to getting your life back on track.
➡️ Contact us today to speak with an expungement lawyer in New Orleans about clearing your criminal record and restoring your employment eligibility.
The Complexities of Expungement in Louisiana: Misdemeanors vs. Felonies
Expungement is a formal legal process that allows certain criminal records to be sealed from public view. This means most employers, landlords, and licensing boards will no longer see the arrest or conviction on your background check.
Unlike many states, Louisiana’s expungement eligibility is highly specific and has strict waiting periods:
| Record Type | Typical Waiting Period | Filing Fee | Key Eligibility Factor |
| Arrest Only (No Conviction) | Immediate | Can be Waived | Charges must be refused, dismissed, or resulted in acquittal. |
| Misdemeanor Conviction | 5 years | $550 (Non-Refundable) | Must be 5 years since completion of sentence/probation; no new convictions. |
| Felony Conviction | 10 years | $550 (Non-Refundable) | Must be 10 years since completion of sentence/probation; generally only one felony can be expunged every 15 years. |
We manage the entire process, including the application for the non-refundable $550 fee waiver (In Forma Pauperis) for eligible clients, and ensure your paperwork meets the exact standards of the Clerk’s office, the District Attorney, and the Louisiana State Police.
Crucial Note on First Offender Pardon
If you are a first-time felony offender, you may have received an automatic First Offender Pardon upon completing your sentence. WARNING: This automatic pardon restores your voting rights, but it does not seal your record from public view. You still need an expungement to clear your record for employment purposes.
➡️ Contact us if you’re unsure whether your record qualifies for expungement or want to explore your options for a clean slate.
Beyond the Docket: How Expungement Protects Your Future
For someone with a prior conviction, the record’s visibility is the biggest hurdle. The legal power of an expungement means that in most employment scenarios, you can legally answer “No” when asked if you have a prior conviction.
However, certain exceptions still exist that require experienced legal navigation:
- Professional Licensing Boards: Certain state-issued licenses (e.g., teaching, nursing) are specifically authorized to view expunged records. You may be required to disclose it during the application process.
- Federal Jobs & Firearms: Federal agencies and applications for federal positions (like FBI or ATF) are not bound by Louisiana’s expungement law.
- Concealed Carry Permits: You must disclose an expunged record when applying for a concealed handgun permit in Louisiana.
That’s where Smith & Bloom’s courtroom and post-conviction experience come in. We don’t just file papers; we prepare you for these nuances, ensuring you fully understand what the expungement means for your professional credentials, gun rights, and future opportunities.
➡️ Contact us to protect your future opportunities and ensure your rights are fully restored.
Reclaiming Your Story: The Path to Lasting Opportunity
Legislative reform like the Fair Chance Amendment can open doors, but the real transformation happens when you take control of your record. By working with an experienced Expungement Lawyer in New Orleans, clients move beyond the shadow of their past, regaining their financial freedom and dignity.
We have seen clients go from being shut out of job interviews to earning professional certifications, starting their own small businesses, and achieving housing stability after successfully clearing their records.
Second chances aren’t automatic—they’re built through persistence, evidence of rehabilitation, and knowledgeable representation that knows how to leverage the full scope of Louisiana’s expungement statutes. Smith & Bloom is ready to help you begin that process today.
Contact Smith & Bloom Criminal Defense today for a confidential consultation about expungement, background checks, and how you can take the next step toward lasting freedom and opportunity.
