License to earn

While touring the beauty salon in Muncy State Correctional Institution, state Sen. Judy Schwank saw inmates learning to be stylists and preparing for their transition back to society.

But Schwank also learned that even after they and many others had served their time and learned a trade, the state would automatically disqualify them from receiving occupational licenses due to their criminal backgrounds.

So Schwank, a Ruscombmanor Township Democrat, and Sen. John DiSanto, a Dauphin County Republican, introduced a bill to help them, and in June that proposal became law.

More than 30 occupational fields require a government license or registration in Pennsylvania, and more than 1 million in the state hold such licenses.

But when Schwank and DiSanto introduced their bill in the Senate, they pointed out how many others were being denied that opportunity.

“This wastes taxpayer dollars as state correctional institutions regularly train inmates in professional skills only for the person to be subsequently denied a license to practice,” they argued.

Schwank, who chairs the Legislature’s Women’s Health Caucus, said the prison tour made it clear how important a change was.

“These are great careers, but there were real barriers in terms of them getting their licenses,” she said. “How can they reform their lives without a job? This is just a common sense way to help people get back on their feet.”

Schwank had heard of people paying tuition for and completing vocational schools only to be denied licenses.

Now the boards will use criminal records in a fair and consistent way and make sure individuals considering a training program have a fair opportunity to learn in advance what types of criminal history can be expected to block their licensure, she said.

The new law designates a licensing board or commission to go through a twostage review when considering whether a criminal conviction disqualifies an individual from licensure, she said.

It also amends the state Criminal History Record Information Act to require that boards only withhold a license for convictions directly related to the practice of the occupation, and that the boards consider the nature of the offense, the amount of time that has passed since conviction, evidence of the applicant’s fitness to practice the occupation, and other relevant factors prior to withholding a license.

It additionally requires that boards publish regulations to explain how the new rules will be applied in the context of a particular profession and provide that interested people can request pre-application notice of whether their criminal history records pose a potential barrier to licensure, she said.

George Ortiz, who owns the American Barber and Beauty Academy on Lancaster Avenue in Reading, said he welcomes the new law.

While Ortiz lets incoming students know that if they had criminal backgrounds they might be barred from getting their licenses after graduation, it was never clear what crimes would exclude them from being licensed, which put schools and students in a tough spot.

So Ortiz likes that the new rules will provide more clarity before students commit to completing their schooling.

“It’s always been a real ambiguous thing,” he said, “so I think this is great.”

And while Ortiz thinks those who commit certain more extreme crimes should still be kept from getting licenses, others should not be barred from being professionals after serving their time.

“They deserve a second chance, and an opportunity to prove themselves,” he said.

Hamid Chaudhry, owner of Wyomissing Restaurant & Bakery, said he too supports the law.

Many of Chaudhry’s employees have served prison time, but he believes in their ability to reform themselves and said most have done well at the restaurant.

“If you give them an opportunity, the odds of them committing another crime are a lot less,” he said. “It keeps them busy. And it keeps them out of trouble.”