State regulators have tweaked regulations that modify the professional licensing process for people with criminal backgrounds, following stiff pushback from critics of the original proposal.
- The rules implement a 2020 state law making it easier for people with criminal convictions to become accountants, barbers, nurses and real estate agents, among the many other professions that require a state license.
- Critics argued the original rules, floated in late 2022, fell short of the goal.
- The rules, for example, did not include time limits for determining whether a past conviction was relevant.
- The revisions — published this week as a prelude to their finalization — are proving more acceptable.
- “I was disappointed in the original, overly restrictive regulations proposed by the state licensing boards,” state Sen. John DiSanto, a Dauphin County Republican, said in a statement.
- “However, while my staff and I are still reviewing them, the final form regulations are significantly narrowed and appear to address my concerns about adhering to the intent of the law,” said DiSanto, who was a co-sponsor of the 2020 law, known as Act 53.
What’s the difference: There are two major changes, according to an analysis from the Pennsylvania Department of State, which oversees occupational licensing boards.
- Critics argued that the original rules allowed licensing boards to refuse licensure based on past crimes that had nothing to do with the profession being licensed.
- Now, regulators are proposing narrower lists of crimes for each occupation.
- “From what I can see, they did a very thorough job and a very reasonable job and excluded a lot of offenses that would have been really detrimental to people,” said Katie Svoboda-Kindle, a senior staff attorney for Philadelphia-based Community Legal Services, which had faulted the original proposal.
- “We were very concerned about what the state of the law would be if those proposed regulations had become final,” she said.
- The new list for accountants, for example, includes crimes like passing bad checks and tax evasion.
- The list for real estate agents cites crimes such as forgery and sexual assault.
What’s the second change: A time limit for no longer considering a prior conviction “directly related” to the occupation being licensed.
- The new proposal sets a limit of five years, based on research into recidivism and the standards adopted in other states.
- “We are very supportive of that,” Svoboda-Kindle said, adding that she is still digesting the 211-page document detailing the rules.
- Licensing boards would reserve the right to make individual assessments of applicants.
What’s next: The rules are scheduled for a vote March 21 by the Independent Regulatory Review Commission, which serves as something of a gatekeeper for new regulations.
- The rules are open for comment until then.
- If the commission approves, the rules would take effect at some point after that.
- “The regulations demonstrate the Shapiro Administration’s priorities of reducing barriers to professional practice and protecting the safety and well-being of Pennsylvanians, and we are eager to be able to implement this important reform,” a Department of State spokesperson said in a statement.
The background: The changes to occupational licensing complement other efforts to help people with criminal records apply for jobs and housing.
- At the end of 2023, for example, state lawmakers passed an expansion of Pennsylvania’s clean-slate law, which seals certain criminal records after a period of time for people who stay out of legal trouble.
