Remove extra barriers to ex- offenders seeking work
Floridians are proud of our state’s status as a leader in job creation and economic opportunity. But the Sunshine State can be an even stronger beacon of the American Dream. Unfortunately, a thicket of red tape keeps too many people from climbing the economic ladder, solely because of unrelated mistakes they made years ago.
Take 41- year- old Jaime Rojas. He dreamed of becoming an ocean rescue lifeguard and was hired by a South Florida municipality in 2019 — so long as he secured his Emergency Medical Technician ( EMT) certification from the state Department of Health.
Jaime met all the EMT certification requirements: He completed the nearly 200- hour training course and passed the exam. But, citing Jaime’s single criminal conviction for drug distribution way back in 2004, the department rejected his application. Without EMT certification, Jaime risked losing his dream job.
Fortunately, Jaime got help from the Institute for Justice, where we provide free legal assistance to people who are trying to pursue an honest living. Submitting a second application was a time- consuming and complex effort spanning months. It required compiling nearly 100 pages of documents: records of court proceedings and probation from 15 years ago, a state background check and supportive letters indicating the model citizen he’s become. Even then, the department demanded additional records — some so old neither Jaime nor any government agency possessed them anymore. Finally, nearly two full years after submitting his first application, Jaime received his EMT certification.
It shouldn’t take a small army of lawyers for someone to secure a good job. In recent years, the Florida Legislature has recognized this: In 2019, it passed a modest reform making it easier for people with old criminal histories to work in professions like barbering, cosmetology and construction. That law also allows people to find out whether their criminal record would disqualify them before investing in training.
But there is still much to be done. Florida still earned a D- plus in the Institute for Justice’s Barred from Working report, a nationwide survey of legal barriers people with criminal records face in obtaining occupational licenses.
The Legislature should pick up where it left off by passing the Institute for Justice’s model Collateral Consequences in Occupational Licensing Act. The bill would:
■ Ensure that old, irrelevant, nonviolent offenses cannot be the basis for denial of a license;
■ Place the burden on the government to prove that someone should be disqualified from working; and
■ Allow people to petition all licensing boards at any time to determine whether their record will exclude them from any occupation.
In other words, this reform would ensure people get a fresh start when they deserve it and would also reduce crime, as one of the biggest factors in whether someone reoffends is whether they can find a good job.
Barring people from working should always be the last resort. The Florida Legislature has taken great strides to remove unnecessary barriers to job creation. But more reform is necessary to ensure our state remains the national leader in upward mobility for everyone — including people looking to overcome their past mistakes.