Louisiana Revised Statutes 6:121.2 – Authority to obtain criminal history record information
Terms Used In Louisiana Revised Statutes 6:121.2
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. As used in this Section:
(1) “Bureau” means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
(2) “Criminal history record information” means information collected by state and federal criminal justice agencies or individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and disposition arising therefrom, including sentencing and criminal correctional supervision and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.
(3) “FBI” means the Federal Bureau of Investigation of the United States.
(4) “Licensure” means any charter, license, or registration which the commissioner is authorized to issue.
B. The commissioner shall have the authority to:
(1) Request and obtain state or FBI criminal history record information, or both, on any person listed on any application, registration, or renewal filed with the Office of Financial Institutions.
(2) Require any person listed on any application, registration, or renewal, to submit two full sets of fingerprints, in a form and manner prescribed by the commissioner, as a condition of the commissioner’s consideration of his application, registration, or renewal unless:
(a) The Office of Financial Institutions is in possession of criminal history record information obtained from the bureau in conjunction with any previous application, registration, or renewal.
(b) The criminal history record information is dated within five years of the date of the application, registration, or renewal being considered.
(3) Charge and collect from any person listed on any application, registration, or renewal, in addition to all other applicable fees and costs, such amount as may be incurred by the commissioner in requesting and obtaining criminal history record information on the person.
(4) Promulgate rules and regulations necessary to the administration and implementation of this Section.
C. In accordance with the provisions and procedures prescribed in this Section, the commissioner may request and obtain state or FBI criminal history record information, or both, from the bureau relative to any person whose fingerprints he has obtained pursuant to this Section for the purpose of determining that person’s suitability and eligibility for licensure, registration, or renewal.
D. Upon the commissioner’s submission of a person’s fingerprints and such other identifying information as may be required, the bureau shall conduct a search of the state or FBI’s criminal history record information, or both as requested by the commissioner, relative to the person and report the results of its search to the commissioner within sixty days after receipt of any such request. The bureau may charge the commissioner a reasonable processing fee for conducting and reporting the results of any such search. The commissioner is hereby authorized to pay such processing fee.
E. Any and all state or national criminal history record information obtained by the commissioner from the bureau which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the commissioner, his employees, agents, and attorneys in evaluating the applicant’s eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by any order of a court of competent jurisdiction, be released or otherwise disclosed by the commissioner to any other person or agency.
F. The authority set forth in this Section applies to all persons seeking licensure, registration, or approval by the commissioner to operate as any of the following:
(1) A state bank pursuant to La. Rev. Stat. 6:201 et seq.
(2) A trust company pursuant to La. Rev. Stat. 6:571 et seq.
(3) A credit union pursuant to La. Rev. Stat. 6:641 et seq.
(4) A savings and loan association pursuant to La. Rev. Stat. 6:702 et seq.
(5) A currency exchange service or check-casher pursuant to La. Rev. Stat. 6:1001 et seq.
(6) A sale of checks or money transmission business pursuant to La. Rev. Stat. 6:1031 et seq.
(7) A mortgage broker, mortgage lender, mortgage servicer, or mortgage loan originator pursuant to La. Rev. Stat. 6:1081 et seq.
(8) A savings bank pursuant to La. Rev. Stat. 6:1161 et seq.
(9) A licensed lender pursuant to La. Rev. Stat. 9:3510 et seq.
(10) A loan broker pursuant to La. Rev. Stat. 9:3572.1 et seq.
(11) A pawnbroker pursuant to La. Rev. Stat. 37:1781 et seq.
(12) A salesman or investment adviser representative pursuant to La. Rev. Stat. 51:701 et seq.
(13) A Louisiana capital company pursuant to La. Rev. Stat. 51:1925 et seq.
(14) A Louisiana business and industrial development company pursuant to La. Rev. Stat. 51:2392 et seq.
(15) A bond for deed escrow agent pursuant to La. Rev. Stat. 6:414 and LAC 10:XV.901 et seq.
(16) A repossession agency and repossession agent pursuant to La. Rev. Stat. 6:965 et seq. and LAC 10:XV.1301 et seq.
Acts 1995, No. 1083, §1, eff. June 29, 1995; Acts 2006, No. 236, §1, eff. June 2, 2006; Acts 2007, No. 376, §1, eff. July 10, 2007; Acts 2019, No. 13, §1, eff. May 24, 2019.