On July 1, 2020, Governor Wolf signed off on Act 53 of 2020. The Rules and Regulations governing Act 53 under Title 49 – Professional and Vocations Standards, became effective as of October 19, 2024. Under the new Act, those with a criminal record are no longer automatically excluded from obtaining an occupational license.
The new Act notes that “until recently, whether an individual possessed ‘good moral character,’ or had been convicted of a ‘crime of moral turpitude,’ or otherwise engaged in ‘unethical or dishonest practice or conduct,’ could also be considered.” However, Act 53 of 2020 now prevents the Pennsylvania Bureau of Professional and Occupational Affairs from denying an occupational license under these considerations. Instead, each State Licensing Board must now create a list of convictions that could deny, suspend or revoke the license.
The most significant change to these considerations is that the crimes identified by the Board be deemed “directly related” to the occupation or license to potentially prevent licensure. Those seeking to have their license reconsidered or apply for the first time will now be able to undergo an individualized review through specific criteria and a preliminary determination.
If you have any concerns prior to applying for a license, The Department of State has also created a Preliminary Determination Application for those seeking to confirm whether their criminal record will impact their professional license prior to requesting reconsideration or applying for a license altogether.
The three main exceptions to the evaluation process are:
Applicants are encouraged to review the Appendices to the Best Practices Guide to determine if a conviction falls within these categories.
Each occupation requiring licensure continues to have their own requirements. For a list of Occupational Licensure requirements by profession, you can visit the Department of State’s website at: https://www.pa.gov/en/agencies/dos/resources/professional-licensing-resources/_occupational-licensure-requirements-snapshots.html.
The new regulations approving the new guidelines for consideration of a criminal record can be found here: www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol54/54-42/1493.html.
Contact attorneys Petra K. Gross, Ashley E. Smith, and Ella M. Goldman of Martson Law Offices for assistance with questions regarding your specific licensing needs.
Martson Law Offices has been serving clients in Central Pennsylvania for more than six decades. Our attorneys have the experience and knowledge you’d find at a big-city law firm, but we also have deep roots in the community and understands the legal issues facing our clients locally.
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