Criminal history records and information (CHRI) regarding conviction(s) may be used as the basis for denial of any license application and/or license renewal as authorized by law. The Louisiana State Board of Social Work Examiners (LABSWE) will consider the following factors in review of CHRI:
- The nature and seriousness of the offense(s).
- The nature of the specific duties and responsibilities for which the license, registration, or certificate is required.
- The amount of time that has passed since the conviction(s).
- Facts relevant to the circumstances of the offense(s), including any aggravating or mitigating circumstances or social conditions surrounding the commission of the offense(s).
- Evidence of rehabilitation or treatment undertaken by the person since the conviction(s).
Pre-eligibility Determination. Prior to filing an application and/or completing any required education or training, you may request, in writing, a written determination from the LABSWE to determine whether your individual CHRI may disqualify you from obtaining a registration, certification, or license. Within forty-five (45) days from the date of LABSWE’s actual receipt of your written request and all required, applicable CHRI, you will receive a written Notice of Intent to either deny or approve your licensure eligibility. A Notice of Intent of Intent to Deny issued by the LABSWE will include the following:
- The specific conviction(s) that is the basis for the intended denial.
- The reasoning and findings relevant to the factors enumerated above for the determination that the applicable CHRI was determined to be directly related to the licensed activity.
- Instructions regarding each of the following options:
a. Extension of Time. By a stated deadline, you will be able to request an additional sixty (60) days to provide additional evidence relevant to LABSWE’s consideration of the factors enumerated above prior to the issuance of any final eligibility determination.
b. Formal Hearing. By a stated deadline, you will be able to request a hearing to appear at a specified date and time at the office of LABSWE to provide testimony and/or additional evidence supporting your licensure eligibility. Any such hearing shall be conducted in accordance with applicable law, including but not limited to La. R.S. 37:2702 and the Administrative Procedure Act (R.S. 49:950 et seq.)