State law to help ex-offenders get jobs at risk, advocates say
“It is incredibly alarming how some state licensing boards have so deeply misunderstood this common sense and strongly bipartisan initiative by proposing overly restrictive regulations that no reasonable person could argue are job-related.”
When Pennsylvania legislators passed a law in 2020 to remove professional licensing barriers for ex-offenders, they touted it as a way to help people with criminal pasts get fresh starts in careers like barbering and nursing.
But advocates warn that new state regulations could continue to alienate returning citizens and undo the intent of the bipartisan legislation.
The law, known as Act 53, went into effect in December 2020 and removed the ability for occupational board members to deny licenses based on their interpretation of a person’s “good moral character” and other subjective metrics. It targeted 29 occupations, from cosmetology to architecture to medicine, that require state licenses.
The law also tasked board members for each occupation with creating a list of crimes that would still prevent someone from obtaining a license. The law states that specific crimes can be listed if they are “directly related” to that specific profession.
Elected officials, ex-offender organizations and professional affinity groups say board members are not operating in the spirit of the law, because they made overly broad lists of crimes to limit license eligibility.
Under the new law, board members must look into every applicant individually. The state department said a crime conviction does not necessarily mean an applicant will be denied a license.
“It is incredibly alarming how some state licensing boards have so deeply misunderstood this common sense and strongly bipartisan initiative by proposing overly restrictive regulations that no reasonable person could argue are job-related,” said Sen. John DiSanto, R-Dauphin, who sponsored the legislation. “In many instances, these regulations perpetuate the unjust status quo of denying rehabilitated citizens meaningful employment which is completely contrary to the public interest.”
Nearly two dozen groups and individuals have voiced opposition to the regulations, including Philadelphia Mayor Jim Kenney’s administration, Philadelphia Lawyers for Social Equity, and the Pennsylvania State Nurses Association.
“The new regulations . . . are highlighting the many tentacles of the systemic oppression and caste system that is targeting marginalized communities,” wrote Erica Gibson, Kenney’s senior policy manager, in a pubic comment memo.
Under the new regulations, crimes that would prevent someone from obtaining a barber license, for example, include felony DUI and drug possession.
And fraud and forgery convictions can prevent someone from obtaining a license for cosmetology, occupational or physical therapy, and nursing.
Taylor Pacheco, of Philadelphia Lawyers for Social Equity, said the “overbroad and unreasonable” lists of crimes make an already difficult process even more disheartening.
“One of the most damaging aspects of the proposed regulations intensifies the impact of poverty on people seeking licensing from a state board: the inability to know whether or not they will be permitted to join the profession despite their criminal convictions,” she said.
The Department of State’s Bureau of Professional and Occupational Affairs, which posted the proposed regulations and is responsible for enforcing the law, referred questions to the governor’s office.
“The Shapiro Administration is committed to removing barriers to employment, not creating new ones, and will approach this rulemaking with that focus,” spokesperson Manuel Bonder said. Deborah Cardenas, president of the Pennsylvania State Nurses Association, called out inconsistencies in the lists of crimes that would bar people from obtaining various medical licenses.
The nursing board has provided an explanation on how each criminal offense could impact a person’s fitness for nursing. But Cardenas said in a letter submitted for public comment that inconsistency between professions is still an issue.
“Applicants for licenses under the State Board of Nursing should not be held to a different standard than their colleagues seeking licensure from the State Board of Medicine,” said Cardenas.
Pacheco noted that employment barriers for returning citizens could keep people trapped in cycles of poverty and incarceration.
“One of the strongest predictors of recidivism is poverty, which for many will only be exacerbated by the implementation of these poorly calculated regulations,” said Pacheco.
According to the state Department of Prisons 2022 recidivism report, 65% of people released from prison returned within three years. For Philadelphia, that number is 62% and is based on the number of people charged in the city who recidivate.
The Bureau of Professional and Occupational Affairs must submit its final set of regulations for enforcing Act 53 by December 2024. Until then, boards will continue to use the criminal offense lists members put in place.
— Sen. John DiSanto, R-Dauphin