Obtaining an Occupational License With a PA Drug Record

Obtaining an Occupational License With a PA Drug Record

Getting an occupational license can be challenging for folks with a criminal record, especially a drug-related record. But a new law in Pennsylvania aims to make the licensing process more fair. This article will break down how to get licensed in PA if you have a drug record.

What’s Changed in PA Licensing Laws

In 2020, Pennsylvania passed Act 53, which changed the rules around how licensing boards can use criminal records in their decisions. The goal is to only deny licenses when someone’s record is directly related to risks for the occupation, not just because of an old conviction.

Before this law, Pennsylvania could deny licenses based on vague criteria like “moral character.” There were also automatic bans for folks with certain drug convictions. Act 53 got rid of those unfair policies.

Now, licensing boards have to prove that an old drug conviction makes you a risk for the specific job you want. There are also new options for restricted licenses and preliminary determinations to give folks with records a fair shake.

Which Occupations Are Affected?

The new licensing rules apply to around 255 occupations in Pennsylvania. Some major ones include:

• Barbers
• Cosmetologists
• Nurses
• Engineers
• Teachers
• Accountants
• Security Guards

So if you want to get licensed in one of those fields, Act 53 will impact how your drug record is considered.

How PA Licensing Boards Use Drug Convictions

Under Act 53, PA licensing boards can only deny you a license for a drug conviction if:

1. The conviction is for a “drug trafficking offense” on their list of disqualifying crimes.
2. They determine your conviction is “directly related” to risks for the occupation.
3. You can’t show significant rehabilitation and commitment to living lawfully.

So the key questions are whether your drug crime is considered “drug trafficking” and “directly related” to the license you want. Check the licensing board’s website to see their list of disqualifying offenses.

Drug Trafficking Offenses

Not every drug conviction is considered “drug trafficking” under the law. Trafficking charges usually involve:

• Manufacturing illegal drugs
• Selling or distributing substantial quantities
• Transporting large amounts across state lines

So low-level possession or personal use charges don’t count as trafficking. Check with a lawyer if you’re unsure whether your conviction falls under the trafficking definition.

“Directly Related” Convictions

To deny your license application, the board has to officially decide your drug crime is “directly related” to the occupation’s risks. Some questions they may consider:

• Does the conviction suggest risks like dishonesty, lack of judgment, or recklessness?
• Does the job provide opportunities to reoffend?
• Does the conviction show potential harm to coworkers, customers, patients, students, etc?

So a prior drug distribution charge may seem directly related for teaching, but perhaps not for cosmetology. The board has to justify how your crime indicates risks for the specific occupation.

Proving Your Rehabilitation

Even if your conviction is considered trafficking and directly related, you still have a chance to get licensed. You’ll need to present rehabilitation evidence to show you’ve changed since the crime. Helpful evidence can include:

• Completing drug treatment programs
• Holding down steady jobs
• Earning vocational or academic degrees
• Having positive recommendation letters
• Doing community service

The more time that’s passed since your conviction, the better. It’s also great if you’ve already worked in the occupation without issues. Presenting strong rehabilitation evidence is key to overcoming a directly related finding.

Applying for a License with a Drug Record

If you have a prior drug conviction, here are some tips for getting licensed in PA:

1. Research if your crime is considered trafficking and directly related for the occupation.
2. Gather evidence of rehabilitation like training certificates, work history, etc.
3. Consider getting character references from employers, teachers, etc.
4. Apply for a preliminary determination to clarify your eligibility.
5. Be honest but emphasize your fitness for the job today.
6. Appeal any denials through the board’s hearing process.

Having an attorney help with your application and hearing can also be very beneficial. Legal aid groups may offer assistance for free if you qualify based on income.

Restricted Licenses

If a board still won’t grant you a full license, there are “restricted license” options under Act 53. These allow you to work for 1-2 years under supervision before getting fully licensed. Requirements vary by occupation but can include:

• Completing training or apprenticeship programs
• Passing licensing exams
• Following your supervisor’s guidance
• Avoiding further legal issues

Restricted licenses allow boards to monitor you on the job to verify your fitness. They provide a path to eventually get your full license. Be sure to follow all requirements so the restricted period goes smoothly.

Takeaways

Thanks to recent reforms, Pennsylvania’s licensing process is now more fair for folks with criminal records. But you still need to carefully make your case for rehabilitation and fitness for the occupation you want.

Do your research, gather evidence of changed life circumstances, and appeal denials where possible. With determination and patience, it is very possible to get licensed in PA despite old drug convictions. Just focus on showing the board you deserve a chance to use your skills and training to build a better life.

For more help with licensing issues, contact legal aid groups like:

• Community Legal Services of Philadelphia
• Pennsylvania Legal Aid Network
• PA DMV Occupational Licensing FAQs