ARLINGTON, Va. –Yesterday, Utah Gov. Spencer Cox signed HB 167, a bill that would expand access to occupational licenses for former convicts by reducing the time occupational licensing boards may consider an individual’s previous unrelated criminal history from seven years to five. The bill would also remove the ability of public employers to use expunged or juvenile records to deny an employment application. The bill, authored by Rep. Tyler Clancy, had previously passed both the House and Senate without a single dissenting vote.
“This bill is a win-win for everyone in Utah,” said Samuel Hooper, Legislative Counsel for the Institute for Justice. “When people work, they are less likely to reoffend, keeping them out of the criminal justice system while letting them provide for themselves, their family, and the entire community. Everyone who has served their debt to society deserves the chance to work again instead of a permanent punishment that would only heighten the chances of being drawn back into the criminal justice system. We thank all who had a hand in helping pass this bill.”
Research has shown a job is one of the best ways for people with criminal records not to re-offend. But strict occupational licensing requirements make it harder for people with criminal records to find work, thwarting their chances of successful reentry. Along with other “collateral consequences,” individuals can be denied a license to work simply because of their criminal record, even if their conviction is years in the past and entirely unrelated to the job they are seeking.
Today, roughly 1 in 3 adult Americans has a criminal or arrest record of some kind, while nearly 1 in 5 needs a license to work. Thanks to the dramatic growth in both mass incarceration and occupational licensing, millions of Americans with criminal records are barred from working in the career of their choice. Many licensing laws have clauses that permanently bar ex-offenders from working without any individualized review or require the ex-offender to prove a negative—that the ex-offender’s past crimes will not cause them to harm customers in the future.
To ensure people with criminal records can have a fresh start, the Institute for Justice brings a variety of legal challenges and legislative efforts against harmful and needlessly restrictive licensing laws. As the nation’s leading experts in the collateral consequences of occupational licensing, IJ has helped secure reforms in nearly 20 states and continues to litigate for the rights of people to work including cases in Virginia, Texas, and Maryland.
# # #
To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager at [email protected] (850) 376-4110. More information on this subject is available at: https://ij.org/issues/economic-liberty/fresh-start/