PRINTER'S NO. 941
No. 834 Session of 1977
INTRODUCED BY BERSON, W. D. HUTCHINSON AND SCIRICA,
MARCH 30, 1977
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 30, 1977
AN ACT
1 Relating to the issuance of licenses, certificates,
2 registrations or permits to allow certain persons with
3 criminal records to engage in trades, occupations or
4 professions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Legislative intent.
8 It is the policy of the Legislature of the Commonwealth of
9 Pennsylvania to encourage and contribute to the rehabilitation
10 of criminal offenders and to assist them in becoming responsible
11 citizens. The public interest is best served when such offenders
12 are given the opportunity to secure employment or to engage in
13 meaningful trade, occupation or profession and that policies to
14 ensure this end shall be provided for under the laws of this
15 Commonwealth.
16 Section 2. Use of criminal convictions.
17 Except as provided by this act, a board, commission or
18 department, when determining eligibility for licensing,
19 certification, registration or permission to engage in a trade,
1 profession or occupation, may consider convictions of the
2 applicant of crimes but the convictions shall not preclude the
3 issuance of a license, certificate, registration or permit.
4 Section 3. Use of certain records prohibited.
5 The following criminal records shall not be used, distributed
6 or disseminated in connection with an application for a license,
7 certificate, registration, or permit:
8 (1) Records of arrest if there is no conviction of a
9 crime based on the arrest.
10 (2) Convictions which have been annulled or expunged.
11 (3) Convictions of misdemeanors of the third degree or
12 summary offenses.
13 Section 4. Basis for refusal.
14 (a) Boards, commissions, or departments authorized to
15 license, certify, register, or permit the practice of trades,
16 occupations, or professions may refuse to grant or renew, or may
17 suspend or revoke any license, certificate, registration, or
18 permit for any of the following causes:
19 (1) where the applicant has been convicted of a felony;
20 (2) where the applicant has been convicted of a
21 misdemeanor of the first or second degree which relates to
22 the trade, occupation, or profession for which the license,
23 certificate, registration or permit is sought; or
24 (3) if the board, commission or department determines,
25 after investigation, that the applicant so convicted has not
26 been sufficiently rehabilitated to warrant the public trust.
27 (b) The board, commission, or department shall state in
28 writing the reasons for a decision which prohibits the applicant
29 from practicing the trade, occupation, or profession if such
30 decision is based in whole or part on conviction of any crime.
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1 (c) For purposes of subsection (a)(3), completion of
2 probation or parole supervision, or a period of three years
3 while under probation or parole supervision without violation,
4 or a period of two years after final discharge or release from
5 any term of imprisonment without any subsequent conviction,
6 shall be deemed prima facie evidence of sufficient
7 rehabilitation.
8 Section 5. Renewal, suspension and revocation.
9 For purposes of granting, renewal, suspension, or revocation
10 of a license, certificate, registration, or permit to practice a
11 trade, occupation or profession, the board, commission, or
12 department when considering standards such as good moral
13 character, good reputation, trustworthiness, dishonorable
14 conduct, honesty or habitual in temperance in the use of
15 intoxicants or drugs shall take into consideration conviction of
16 any crime.
17 Section 6. Construction.
18 Nothing in this act shall be construed to otherwise affect
19 proceedings before the board, commission, or department which do
20 not involve conviction of a crime.
21 Section 7. Effective date.
22 This act shall take effect in 60 days.
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