NCJ Number
46478
Journal
Journal of Employment Counseling Volume: 12 Issue: 3 Dated: (SEPTEMBER 1975) Pages: 126-131
Date Published
1975
Length
6 pages
Annotation
STATE LICENSING RESTRICTIONS PLACED ON EX-OFFENDERS ARE DISCUSSED, AND THE WORK OF THE NATIONAL CLEARINGHOUSE ON OFFENDER EMPLOYMENT RESTRICTIONS IS REVIEWED.
Abstract
A NUMBER OF STATES HAVE LICENSING AND EMPLOYMENT RESTRICTIONS WHICH PLACE OFFENDERS IN A 'CATCH-22' SITUATION -- THEIR OFFENDER STATUS PREVENTS THEM FROM FINDING EMPLOYMENT, AND THEIR LACK OF EMPLOYMENT PREVENTS THEM FROM BEING ELIGIBLE FOR AN EARLY OR WORK RELEASE. THE IMPACT OF SUCH RESTRICTIONS ON THE 10 MILLION INDIVIDUALS ARRESTED ANNUALLY AND FOR THE 1.8 MILLION WITHIN THE CORRECTIONS SYSTEM ON ANY GIVEN DAY ARE ENORMOUS. SUCH RESTRICTIONS ARE OFTEN RESPONSIBLE FOR UNEMPLOYMENT AMONG EX-OFFENDERS, AND UNEMPLOYMENT IS ASSOCIATED WITH RECIDIVISM. IN 1971, THE MANPOWER ADMINISTRATION CONTRACTED WITH THE AMERICAN BAR ASSOCIATION TO ESTABLISH THE CLEARINGHOUSE. A SURVEY OF STATE LEGISLATIVE CODES AFFECTING THE LICENSING OF EX-OFFENDERS REVEALED THE EXISTENCE OF 1,948 STATUTORY PROVISIONS AFFECTING OVER 300 OCCUPATIONS, MOSTLY IN THE SERVICE INDUSTRIES AND GOVERNMENT. THE RATIONALES BEHIND MANY OF THESE RESTRICTIONS ARE OBSCURE. FOR EXAMPLE, MANY STATES REQUIRE GOOD MORAL CHARACTER FOR SUCH JOBS AS SEPTIC TANK CLEANING OR LIMBURGER CHEESEMAKING, WHILE OF ALL THE STATES ONLY NEW YORK PROHIBITS EX-OFFENDERS OPENING A GUN STORE. AN ANALYSIS OF EMPLOYMENT PROHIBITIONS INDICATES THAT THEY GENERALLY TAKE ONE OF THREE FORMS: SPECIFIC REFERENCE TO CRIMINAL OFFENSES SUCH AS FELONY CONVICTION; A MORAL CHARACTER REQUIREMENT; OR DENIAL OF A LICENSE BECAUSE OF OFFENSES INVOLVING MORAL TURPITUDE. THE CLEARINGHOUSE IS ENGAGED IN TAKING ACTION AGAINST THESE THREE TYPES OF PROHIBITION. ONE CLEARINGHOUSE PUBLICATION INCLUDES A MODEL LICENSING STATUTE WHICH PROVIDES FOR AUTOMATIC RESTORATION OF LICENSING RIGHTS TO EX-OFFENDERS AND OTHER ACTION TOOLS FOR USE BY LEGISLATURES, GOVERNORS, AND ATTORNEYS GENERAL. ANOTHER CLEARINGHOUSE PUBLICATION, A 'GUIDE TO LEGISLATIVE ACTION,' EXAMINES THE LEGISLATIVE PROCESS IN SEVERAL STATES THAT HAVE ENACTED LAWS REMOVING EX-OFFENDER EMPLOYMENT RESTRICTIONS. ANOTHER IS A COMPILATION OF FEDERAL CONSTITUTIONAL PROVISIONS AND RELATED DECISIONS AND PRECEDENTS SUPPORTING CHALLENGES OF STATE LICENSING RESTRICTIONS. THE CLEARINGHOUSE ENGAGES IN A NUMBER OF ADDITIONAL ADVOCACY ACTIVITIES, INCLUDING THE DISSEMINATION OF INFORMATION THROUGH WORKSHOPS AND CONFERENCES, CONSULTATIVE SERVICES TO CONCERNED GROUPS, AND LEGISLATIVE TESTIMONY. AS A RESULT OF SUCH ACTIVITIES, OVER ONE-THIRD OF THE STATES HAVE PASSED REMEDIAL LEGISLATION OR REGULATIONS. THROUGH ITS WORK, THE CLEARINGHOUSE IS HELPING TO REMOVE SELF-DEFEATING STATE BARRIERS TO PRISONER REHABILITATION.