Rosemarie Abruzzese feared losing her cosmetology license and her job in 2017 after the Pennsylvania Board of Cosmetology said her past felony drug conviction made her a threat to public safety.
Her story is familiar, a license being threatened or denied outright because of a past crime.
Abruzzese was fortunate, though. She had access to a lawyer and appealed the decision to the Pennsylvania Commonwealth Court. In April, the court ordered the board to grant her a probationary license, which means she can keep her job. If no other problems occur, the full license will be reinstated.
Eliminating licensing regulations that block people with criminal histories from getting work has gained support on the federal and state level. In 2015, the Obama administration released a list of best practices for states on occupational licensing. And President Donald Trump’s labor department is providing funding to states that want to study their licensing laws.
“If a person commits a crime, and they pay their debt to society, when does that debt end?” asked Jeff Robinson, director of the Trone Center for Justice and Equality, of the American Civil Liberties Union. “Does it end when you come out of prison? Because apparently it’s just beginning when you come out of prison. And that makes no sense.” (...)
Since 2016, 14 states — Arizona, Connecticut, Delaware, Georgia, Kentucky, Illinois, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Nebraska, New Hampshire and Tennessee — have passed laws revising offender licensing restrictions or requiring boards to track how many people are rejected based on a past criminal conviction. A licensing reform bill is pending in the California Legislature.
The National Employment Law Project has put an emphasis on changing licensing laws for the big industries that can lead to good jobs for people leaving prison, said Maurice Emsellem, its fair chance program director.
“Transportation, healthcare, education — industries like that, where there's a lot of background check restrictions. And if folks can get those jobs, they can really move up the income ladder,” Emsellem said. (...)
Background checks became a licensing hurdle for Pennsylvania barbers in 2015 after the licensing board added a question about criminal history to the application. Pennsylvania’s Department of Corrections saw the number of inmates getting licensed through its training program take a severe dip. The overall number of barber and barber manager licenses awarded in the state annually dropped by almost 25 percent, according to the corrections department. Even after prison officials got the board to review mitigating factors, there were still fewer student inmates getting licensed.
In June, Pennsylvania Governor Tom Wolf proposed repealing a law that allows certain boards to ban anyone who has a felony drug record from being able to work in the field for 10 years after completion of a sentence. He has also proposed abolishing 13 licensing boards, including those governing natural hair braiders and barbers.
Licensing can result in higher wages and more credibility for an industry, and reviewing criminal history is “vital” to the board’s ability to protect public health and safety, according to a statement from the Pennsylvania Department of State. The department oversees 29 of the state’s licensing boards. A spokesperson said the department favors removing unnecessary barriers to licensure. Board members do not answer questions from the press, the spokesperson said.
In 2015, Rosemarie Abruzzese was arrested on charges of trading pills with an undercover police officer, according to court records. Before being sentenced, she completed two court ordered treatment programs and applied for her cosmetology license.
She was sentenced to five years probation in September 2015. Nine months later, Abruzzese was working two cosmetology jobs and was the sole provider for her two kids. Then she got a letter that her license was in jeopardy. Despite the board’s state attorney recommending Abruzzese continue working, the board chose to suspend her license indefinitely.
When Abruzzese appealed, Pennsylvania Commonwealth Court President Judge Mary Hannah Leavitt wrote that the board had abused its discretion and made findings not based on fact.
“I love what I do,” Abruzzese said. “I love where I work. It helps me on a daily basis.”
With a job, Abruzzese said she can stay focused; stay accountable; and stay a productive member of society.
by Ashley Nerbovig, The Marshall Project | Read more:
Image: Robert Donald/Barcroft Images
Her story is familiar, a license being threatened or denied outright because of a past crime.
Abruzzese was fortunate, though. She had access to a lawyer and appealed the decision to the Pennsylvania Commonwealth Court. In April, the court ordered the board to grant her a probationary license, which means she can keep her job. If no other problems occur, the full license will be reinstated.
Eliminating licensing regulations that block people with criminal histories from getting work has gained support on the federal and state level. In 2015, the Obama administration released a list of best practices for states on occupational licensing. And President Donald Trump’s labor department is providing funding to states that want to study their licensing laws.“If a person commits a crime, and they pay their debt to society, when does that debt end?” asked Jeff Robinson, director of the Trone Center for Justice and Equality, of the American Civil Liberties Union. “Does it end when you come out of prison? Because apparently it’s just beginning when you come out of prison. And that makes no sense.” (...)
Since 2016, 14 states — Arizona, Connecticut, Delaware, Georgia, Kentucky, Illinois, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Nebraska, New Hampshire and Tennessee — have passed laws revising offender licensing restrictions or requiring boards to track how many people are rejected based on a past criminal conviction. A licensing reform bill is pending in the California Legislature.
The National Employment Law Project has put an emphasis on changing licensing laws for the big industries that can lead to good jobs for people leaving prison, said Maurice Emsellem, its fair chance program director.
“Transportation, healthcare, education — industries like that, where there's a lot of background check restrictions. And if folks can get those jobs, they can really move up the income ladder,” Emsellem said. (...)
Background checks became a licensing hurdle for Pennsylvania barbers in 2015 after the licensing board added a question about criminal history to the application. Pennsylvania’s Department of Corrections saw the number of inmates getting licensed through its training program take a severe dip. The overall number of barber and barber manager licenses awarded in the state annually dropped by almost 25 percent, according to the corrections department. Even after prison officials got the board to review mitigating factors, there were still fewer student inmates getting licensed.
In June, Pennsylvania Governor Tom Wolf proposed repealing a law that allows certain boards to ban anyone who has a felony drug record from being able to work in the field for 10 years after completion of a sentence. He has also proposed abolishing 13 licensing boards, including those governing natural hair braiders and barbers.
Licensing can result in higher wages and more credibility for an industry, and reviewing criminal history is “vital” to the board’s ability to protect public health and safety, according to a statement from the Pennsylvania Department of State. The department oversees 29 of the state’s licensing boards. A spokesperson said the department favors removing unnecessary barriers to licensure. Board members do not answer questions from the press, the spokesperson said.
In 2015, Rosemarie Abruzzese was arrested on charges of trading pills with an undercover police officer, according to court records. Before being sentenced, she completed two court ordered treatment programs and applied for her cosmetology license.
She was sentenced to five years probation in September 2015. Nine months later, Abruzzese was working two cosmetology jobs and was the sole provider for her two kids. Then she got a letter that her license was in jeopardy. Despite the board’s state attorney recommending Abruzzese continue working, the board chose to suspend her license indefinitely.
When Abruzzese appealed, Pennsylvania Commonwealth Court President Judge Mary Hannah Leavitt wrote that the board had abused its discretion and made findings not based on fact.
“I love what I do,” Abruzzese said. “I love where I work. It helps me on a daily basis.”
With a job, Abruzzese said she can stay focused; stay accountable; and stay a productive member of society.
by Ashley Nerbovig, The Marshall Project | Read more:
Image: Robert Donald/Barcroft Images
