Pennsylvania Occupational Licensing Restrictions for Felons

Pennsylvania Occupational Licensing Restrictions for Felons

Getting a job after a felony conviction can be very challenging in Pennsylvania. Many occupations require a state license, and up until recently, there were few standards guiding licensing boards on how they could use a person’s criminal record in making licensing decisions. This often led to unfair denials of licenses to qualified people with old or unrelated convictions. However, a new law passed in 2020 called Act 53 has made important improvements in this area. While not perfect, Act 53 provides clearer guidelines and standards for occupational licensing boards to follow when considering an applicant’s criminal history.

What Act 53 Changed

Act 53 made several key changes:

• It removed vague and subjective standards like “good moral character” and “moral turpitude” that boards previously used to deny licenses.
• It required boards to create specific lists of disqualifying crimes that are “directly related” to each licensed occupation.
• It mandated that boards look at each applicant individually, rather than blanket bans.
• It allowed for restricted temporary licenses so people could work under supervision if they couldn’t immediately get a full license.

This was an attempt to move away from unfair blanket bans and provide clearer standards. The law applies to 29 boards and 255 licensed occupations ranging from barbers to nurses to accountants.

Does Act 53 Help People with Records Get Licensed?

In theory, yes. By requiring direct relationship between a conviction and an occupation, the law aims to prevent qualified people from being denied licenses due to unrelated records. It also provides opportunities to demonstrate rehabilitation and gain experience through temporary licenses.

However, advocates have voiced concerns that some boards are undermining the intent of Act 53 by making their disqualifying crimes lists too broad. For example, some boards categorize non-violent drug possession as directly related to licenses like barbering. So there is still progress to be made.

How Do the Boards Determine Direct Relationship?

Each board created a list of “directly related” disqualifying crimes specific to their occupation. The boards looked at factors like:

• Opportunity/access the occupation provides to re-offend
• Risk to clients, patients, or the public
• Ability of supervisors to monitor licensees and prevent re-offending
• Evidence that the crime would impact ability to perform the occupation’s duties

You can find each board’s list in the Best Practices Guide. The lists are not binding – boards must still look at applicants individually.

What If My Conviction Is On the List?

Getting a license will be more difficult, but not necessarily impossible. The board will presume your conviction poses a “substantial risk” to public safety for that occupation. However, you can present evidence of rehabilitation to overcome this presumption, using factors like:

• Your age at the time of offense
• Time elapsed since the offense
• Completion of parole/probation
• Educational achievements or employment history since conviction
• Letters of recommendation

The board must then determine if you pose a substantial risk to public safety. You should focus on presenting rehabilitation evidence directly related to the concerns of the board and occupation.

Are Some Convictions Still an Automatic Bar?

Yes, though only for certain serious offenses. Boards cannot grant licenses to anyone ever convicted of:

• Murder, voluntary manslaughter, or homicide by vehicle (no time limit)
• Kidnapping, rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual abuse of children, unlawful contact with a minor (if victim is under 18)
• Arson (no time limit)
• Robbery (if graded as felony)
• Drug trafficking (subject to criteria related to amount/intent)

However, even some of these offenses allow room for licensing if enough time has passed since completion of the sentence (e.g. 15 years for robbery).

What About Temporary “Restricted” Licenses?

If the board determines your conviction is directly related but you cannot yet demonstrate “fitness” for a full license, you may still be able to get a temporary restricted license to work under supervision. This can be a bridge to eventually getting a full license. To get a restricted license you must show:

• You have completed your sentence or are in good standing on supervision
• You are committed to rehabilitation and living a law-abiding life
• You have completed relevant education/training for the occupation

Restricted licenses allow you to demonstrate your rehabilitation and abilities on the job so you can make your case for a full license later.

Key Takeaways

• Act 53 provides clearer standards for boards to use criminal records in licensing decisions.
• It aims to prevent unfair denials based on unrelated convictions.
• Each board created lists of “directly related” disqualifying crimes.
• If your conviction is related, focus on presenting rehabilitation evidence.
• Some serious offenses are still automatic bars.
• Temporary restricted licenses can help build your case over time.

While work remains to ensure fair implementation, Act 53 represents important progress for removing unfair barriers for people with records seeking occupational licenses in Pennsylvania.