18c9124s

§ 9124.  Use of records by licensing agencies.

(a)  State agencies.--Except as provided by this chapter and specifically subsection (a.1), a board, commission or department of the Commonwealth, when determining eligibility for licensing, certification, registration or permission to engage in a trade, profession or occupation, may consider convictions of the applicant of crimes but the convictions shall not preclude the issuance of a license, certificate, registration or permit.

(a.1)  Application of other law.--The following provisions shall apply to a licensing board or licensing commission under the Bureau of Professional and Occupational Affairs in the Department of State with respect to refusing to issue or renew, suspending, revoking or limiting a license, certificate, registration or permit:

(1)  63 Pa.C.S. § 3112 (relating to restricted licenses for barbers and cosmetologists).

(2)  63 Pa.C.S. § 3112.1 (relating to restricted licenses for other occupations).

(3)  63 Pa.C.S. § 3113 (relating to consideration of criminal convictions).

(4)  63 Pa.C.S. § 3114 (relating to juvenile adjudications).

(5)  63 Pa.C.S. § 3115 (relating to preliminary determinations by licensing boards and licensing commissions).

(6)  63 Pa.C.S. § 3116 (relating to best practices guide).

(7)  63 Pa.C.S. § 3117 (relating to list of criminal offenses).

(b)  Prohibited use of information.--The following information shall not be used in consideration of an application for a license, certificate, registration or permit:

(1)  Records of arrest if there is no conviction of a crime based on the arrest.

(2)  Convictions which have been annulled, expunged or subject to limited access under sections 9122.1 (relating to petition for limited access) and 9122.2 (relating to clean slate limited access).

(3)  Convictions of a summary offense.

(4)  Convictions for which the individual has received a pardon from the Governor.

(5)  Convictions which do not relate to the applicant's suitability for the license, certificate, registration or permit.

(c)  State action authorized.--Boards, commissions or departments of the Commonwealth authorized to license, certify, register or permit the practice of trades, occupations or professions may refuse to grant or renew, or may suspend or revoke any license, certificate, registration or permit for the following causes:

(1)  Where the applicant has been convicted of a felony.

(2)  Where the applicant has been convicted of a misdemeanor which relates to the trade, occupation or profession for which the license, certificate, registration or permit is sought.

(d)  Notice.--The board, commission or department shall notify the individual in writing of the reasons for a decision which prohibits the applicant from practicing the trade, occupation or profession if such decision is based in whole or part on conviction of any crime.

18c9124v

(Dec. 14, 1979, P.L.556, No.127, eff. imd.; July 1, 2020, P.L.575, No.53, eff. imd.)

 

2020 Amendment.  Act 53 amended subsecs. (a) and (b)(2) and added subsec. (a.1)

1979 Amendment.  Act 127 amended subsec. (b).

Cross References.  Section 9124 is referred to in section 1310 of Title 4 (Amusements); section 3133 of Title 63 (Professions and Occupations (State Licensed)).