NCJ Number
10545
Date Published
1973
Length
84 pages
Annotation
STUDY OF THE LICENSING RESTRICTIONS THAT PRESENT OBSTACLES TO EMPLOYMENT OF THE EX-OFFENDER, AND ACTIONS RECOMMENDED TO MODIFY THESE RESTRICTIONS.
Abstract
THIS VOLUME CONTAINS FINDINGS OF A STATE-BY-STATE STUDY OF THE LAWS WHICH RESTRICT THE LICENSING OF FORMER OFFENDERS IN THE MOST COMMON OCCUPATIONS. THE STUDY WAS PROMPTED BY A RECOGNITION THAT, ALTHOUGH UNEMPLOYMENT IS A CHIEF CAUSE OF RECIDIVISM IN ADULT OFFENDERS, THE UNEMPLOYMENT RATE OF EX-OFFENDERS FAR EXCEEDS THAT OF OTHER PERSONS IN THE LABOR MARKET. EX-OFFENDERS ARE BARRED FROM JOBS FOR A VARIETY OF REASONS, ONLY ONE OF WHICH IS STATUTORY RESTRICTION. THE AUTHORS FEEL, HOWEVER, THAT EFFORTS AT REMEDIAL EDUCATION, VOCATIONAL TRAINING AND JOB PLACEMENT WILL BE FRUITLESS UNLESS UNREASONABLE LEGAL BARRIERS ARE REMOVED. STATUTORY PROVISIONS USED TO DENY OCCUPATIONAL LICENSES TO EXOFFENDERS TAKE THREE FORMS - THOSE WHICH SPECIFICALLY REFER TO CRIMINAL OFFENSES AS GROUNDS FOR DENIAL, THOSE REQUIRING THAT THE APPLICANT POSSESS 'GOOD MORAL CHARACTER,' AND THOSE WHICH BAR LICENSING BECAUSE OF CRIMES OF 'MORAL TURPITUDE.' A TOTAL OF 1,948 DIFFERENT PROVISIONS WHICH LIMIT EX-OFFENDERS' EMPLOYMENT OPPORTUNITIES, DUE TO ONE OR MORE OF THESE RESTRICTIONS, ARE DISCLOSED BY THE SURVEY. SOME OF THE OCCUPATIONS IN WHICH MOST INDIVIDUALS ARE RESTRICTED INCLUDE BARBERING, COSMETOLOGY/BEAUTICIAN, PRACTICAL NURSING, PLUMBING, EMPLOYMENT IN ESTABLISHMENTS WHERE ALCOHOL IS CONSUMED, AND PROFESSIONAL OCCUPATIONS. SOME COURTS HAVE STRUCK DOWN THOSE RESTRICTIONS WHICH ARE UNREASONABLE AND UNRELATED TO JOB PERFORMANCE OR WHICH CONTRAVENE CONSTITUTIONAL SAFEGUARDS. CALIFORNIA, FLORIDA AND WASHINGTON STATUTES REMOVING RESTRICTIONS ON LICENSING AND A STATE TABLE OF STATUTORY CONDITIONS RELATIVE TO SEVERAL HUNDRED LICENSED OCCUPATIONS ARE IN THE APPENDIX.