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Professional License - An Ex-Offender's Illusion?

NCJ Number
96493
Journal
Criminal Justice Journal Volume: 7 Issue: 1 Dated: (Fall 1983) Pages: 61-96
Author(s)
J Davidenas
Date Published
1983
Length
36 pages
Annotation
Rehabilitated ex-offenders should be seriously considered for probationary licensure for a variety of occupations, because discrimination in professional licensing may lead to double punishment for the offender and a potentially great loss of talent to the public.
Abstract
Blanket denials must be abolished through closer scrutiny of administrative regulations. Every profession with a potential to do serious harm to the public could be required to register such probationers with an objective overview group monitoring their performance. This group's sole function would be to represent the public. Ex-offenders have waged legal battles against denial of licensure based on their constitutional rights. They have also relied on statutory reform at the legislative level, including title 7 of the 1964 Civil Rights Act. Recent State laws do not permit broad denial policies and require adherence to certain parameters regarding the degree of rehabilitation and the relationship of the offense to the profession. Model trade licensing statutes can also be useful in determining appropriate public policy. A total of 149 footnotes are provided.