It is difficult to list all of the possible collateral consequences of a criminal record or conviction as new state and federal statutes are enacted daily. The following list, although incomplete, suggests some of the issues that must be considered when resolving a case:
Accountant: License may be revoked or suspended if individual engages in dishonest conduct. 63 P.S. Section 9-9.a.
Aircraft/Airport Employees(applies to those with direct access to airplanes or secure airport areas and to security screeners): May not be hired if convicted of federal hijacking or other air crimes, murder, assault with intent to murder, espionage, treason, sedition, kidnapping, rape, extortion, armed robbery, weapons convictions, distribution (or intent to distribute) a controlled substance, or felonies involving: a threat, willful destruction of property, importation or manufacture of a controlled substance, burglary, theft/fraud, possession or distribution of stolen property, aggravated assault, bribery, or illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than on year within the last 10 years. 49 U.S.C. Section 44936; 14 C.F.R. Sections 107.209 and 108.229.
Architect: License may be refused or revoked for conviction of any felony or crime of moral turpitude. 63 P.S. Section 34.19. A crime of "moral turpitude" is a crime of dishonesty and includes offenses such as tax fraud, tax evasion, perjury and similar offenses.
Armored Car Crew Member: May not be hired if convicted of any offense that disqualifies them from firearm license or permit. 15 U.S.C. Section 5902.
Auctioneer: License may be revoked for conviction of forgery, embezzlement, extortion, fraud, or any crime of moral turpitude within 5 years prior to issuance of license. 63 P.S. Section 734.20.
Bank Employee: May not be hired if convicted of crimes of dishonesty, breach of trust, or money laundering without prior written consent of the Federal Deposit Insurance Corporation. FDIC has indicated that it considers drug offenses to be crimes of dishonesty.
FDIC may not give consent for a minimum of 10 years for crimes involving bribery/corruption in banking, embezzlement/theft, fraud or false statement in banking or bankruptcy transactions, obstructing the examination of a financial institution, or racketeering. 12 U.S.C. Section 1829.
Barber: License may be suspended or revoked if individual engages in dishonest conduct. 63 P.S. Section 559.
Bondsman: License may be suspended or revoked if convicted of any criminal offense. 42 Pa.C.S. Section 4746(b)(3).
Casino Employee (gaming employees): License or permit will be denied for felonies and gambling offenses within 15 years. When evaluating an application after 15 years, the Gaming Control Board will consider the nature and duties of the applicant's position, the nature and seriousness of the offense, the circumstances under which the offense occurred, the age of the applicant when the offense was committed, whether the offense was an isolated or repeated incident, and the evidence of rehabilitation. 42 Pa.C.S. Section 1213, 58 Pa.Code Section 435a.1(f) and (g).
Casino Employee (nongaming employees who do not handle money, including bartenders, food service, clerical, parking attendants, and janitorial workers): Registration may be denied for felonies and gambling offenses within 15 years. When evaluating an application for registration, the Gaming Control Board will consider the nature and duties of the applicant's position, the nature and seriousness of the offense, the circumstances under which the offense occurred, the age of the applicant when the offense was committed, whether the offense was an isolated or repeated incident, and the evidence of rehabilitation. 42 Pa.C.S. Section 1213, 58 Pa.Code Section 435a.1(g).
Child Care Workers: May not be hired if individual has a founded child abuse report within the last 5 years or with convictions for homicide, aggravated assault, kidnapping, rape, various sex crimes, prostitution felonies, concealing death of child, endangering welfare of child, or pornography ever, or for drug felonies within the last 5 years. 23 Pa.C.S. Section 6344(c), 55 Pa.Code Section 6000.22 (the Child Protective Services Law, or CPSL).
Child Care Workers in Federal Agencies or Facilities: May be refused employment if conviction involves a sex crime, offense involving child victim, drug felony, or any other crime that bears on fitness to work with children. 42 U.S.C. Section 13041.
Chiropractors: Applicant for license must submit evidence that he/she has not been convicted of drug felony in last 10 years. Board may refuse license if convicted of any felony, or a misdemeanor in the chiropractic profession. 63 P.S. Sections 625.501, 625.506.
Dental Hygienist: License may be refused or revoked for any felony or crime of moral turpitude. 63 P.S. Section 124.1.
Dentist: License must be refused or revoked if convicted of any drug felony within the last 10 years. License may be refused or revoked if convicted of any other felony or any crime of moral turpitude. 63 P.S. Sections 123.1, 124.1
Employee Benefits Employee: May not be hired (or assigned as fiduciary, trustee or officer) if any conviction for robbery, burglary, extortion, embezzlement, fraud, theft, bribery, arson, murder, rape, drugs, kidnapping, perjury, assault with intent to kill for 13 years after conviction. 29 U.S.C. Section 1111.
Employment Agent: License may be refused to anyone with a conviction for any crime other than a traffic violation. 43 P.S. Sections 539(8), 541; 34 Pa.Code Section 9.13.
Engineer, Land Surveyor, Geologist: License must be revoked (with opportunity to be heard) for any drug felony or crime relating to professional field. 63 P.S. Sections 151(g), 157.1(b).
Funeral Director: License may be refused for any crime of moral turpitude, violation of health law, or relating to profession. 63 P.S. Section 479.11.
Horse Racing (applies to anyone employed at horse gambling or race meetings, including vendors and stable workers): License must be refused for conviction of race fixing. License may be refused for conviction of any crime of moral turpitude or illegal gambling. 58 Pa. Code Section 165.35.
Hunting/Trip Permit Salesperson: License may be denied for conviction of any crime. 67 Pa. Code Section 65.3.
Insurance Adjuster: License may be revoked for conviction of any felony. 63 P.S. Section 1606.
Liquor Licensees: Board shall have discretion to refuse a license (including renewal thereof) to any person, corporation, partnership or association or any officer, director, or member thereof who shall have been convicted or found guilty of a felony within a period of five (5) years immediately preceding the date of application for said license.
Furthermore, "persons of ill repute" are not allowed to frequent club premises. [47 P.S. § 4-493(14)]. Although there is no specific formulation to determine whether a particular individual is a person of ill repute, convictions may constitute evidence of bad reputation. Street Road Bar & Grille, Inc. v. Pennsylvania Liquor Control Bd., 876 A.2d 346 (Pa. 2005); Appeal of Irene's Café, Inc., 44 Pa. Cmwlth. 20, 404 A.2d 707 (1979). The Board may consider criminal records of licensees, or officers, directors, managers, or stockholders of licensees, because section 404 of the Liquor Code [47 P.S. § 4-404] requires that licensees be persons of good repute, and the Board's Regulations specify that criminal convictions impact a person's reputation. [47 P.S. § 4-404; 40 Pa. Code §§ 1.5, 5.16(b)].
Medical Technician, Emergency (EMT): Certification may be suspended, revoked or refused for conviction of a felony or crime involving moral turpitude. 35 P.S. Section 693(j.1)(1)(xiv).
Midwives: License may be refused for crime of moral turpitude. 63 P.S. Section 172.
Mortgage Broker: License may be denied for conviction of any felony or misdemeanor. 63 P.S. Section 456.06(d).
Motor Vehicle Dealer: License may be refused or revoked for any crime of moral turpitude, dishonesty or theft committed as a dealer within 5 years of application. 63 P.S. Section 818.19.
Nurse (Registered Nurse and Licensed Practical Nurse): License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other felony or crime of moral turpitude. 63 P.S. Sections 216(c), 224(a)(5)(RNs); 63 P.S. Sections 655, 666(a)(5)(LPNs).
Nursing Home/Home Health Care/Other Workers in Long-Term Care Facilities: May never be hired if convicted of homicide, aggravated assault, kidnapping, rape, robbery, burglary, arson, theft (including two misdemeanors), or various sex crimes, concealing death of child, endangering welfare of child, pornography, or felony drugs. 35 P.S. Section 10225.503(a)(Older Adults Protective Services Act, or OAPSA).
Occupational Therapist: License may be refused or revoked for conviction of any crime having a direct bearing on fitness to be an OT. 63 P.S. Section 1516.
Optometrist: License must be suspended for a drug felony conviction. License may be revoked for any felony or crime of moral turpitude. 63 P.S. Section 244.7
Osteopath: License may be refused for conviction of any felony, drug felony, crime of moral turpitude or any crime related to the practice of osteopathic medicine. 63 P.S. Sections 271.14, 271.15.
Pawnbroker: License must be refused for any conviction of engaging in pawnbroking business without a license. 63 P.S. Section 281-8(a).
Pharmacist: License must be refused for conviction of any drug felony in the last 10 years. License may be refused for any felony related to the practice of pharmaceuticals or any crime of moral turpitude. 63 P.S. Sections 390-3, 390-5.
Physical Therapist/Athletic Trainer: License must be refused for conviction of any drug felony in the last 10 years. 63 P.S. Section 1306.
Physician: License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other drug felony or any misdemeanor relating to a health profession. 63 P.S. Sections 422.22, 422.41.
Physician's Assistant: License may be refused for any felony conviction. 63 P.S. Section 271.15(b).
Podiatrist: License may be refused, suspended or revoked for conviction in connection with the practice of podiatric medicine or involving moral turpitude. 63 P.S. Section 42.16.
Police: May not be hired if convicted of a felony or serious misdemeanor. 53 P.S. Section 2164(7).
Port Worker: May never be hired if convicted of espionage, sedition, treason or federal terrorism crime (or conspiracy to commit any of the above).
May not be hired if convicted of a crime involving a "transportation security incident", improper transportation of a hazardous material, unlawful possession, use, sale or manufacture of an explosive device, murder, making a threat of using an explosive or other lethal device against a government facility or transportation system, violation of RICO or conspiracy or attempt regarding any of the above ever -- but can apply for a waiver from the Transportation Security Administration (TSA).
May not be hired if convicted of a weapons offense, drug offense, crime of dishonesty (not including welfare fraud or writing bad checks), extortion, bribery, smuggling, immigration violations, arson, kidnapping or hostage taking, rape or aggravated sexual assault, assault with intent to kill, robbery, fraudulent entry into a seaport, RICO or conspiracy or attempt of the above for seven years before applying for transportation credentials or for five years after release from incarceration, whichever is later -- but can apply for waiver from TSA. 46 U.S.C. Sections 70105(c)(1); 49 C.F.R. Section 1572.103.
Private Detective (including employees of organizations with private detective licenses): Cannot be employed, or license may not be issued, if convicted of any felony or of the following crimes: weapons offenses, possessing burglar's tools, receipt of stolen property, unlawful entry, aiding escape from prison, pick-pocketing, possessing or distributing narcotics, solicitation of sodomy or other lewdness, reckless endangerment, terroristic threats, simple assault. 22 P.S. Sections 16(b), 23(a).
Psychologist: License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other felony or misdemeanor in the practice of psychology. 63 P.S. Sections 1206, 1208.
Radioactive Waste Disposal (applies to facility operators): License must be denied for conviction of a first degree misdemeanor or felony involving an environmental crime within the last 10 years. License may be denied if applicant or applicant's partner, officer, associate, or agent has engaged in unlawful conduct. 35 P.S. Section 7131.502.
School Employees: Cannot be employed if convicted of an offense involving homicide, aggravated assault, harassment/stalking, kidnapping, unlawful restraint, rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, indecent exposure, incest, concealing death of a child, endangering welfare of children, dealing in infant children, felony prostitution, obscene materials, corruption of minors, sexual abuse of children, or felony drug offense for 5 years preceding employment application. These rules also apply to bus drivers and student teachers. 24 P.S. Section 1-111(e), 23 Pa.C.S. Section 6344(c).
U.S. Government Employee: May not be employed if convicted of an attempting or advocating the overthrow of the U.S. Government for 5 years following conviction. 18 U.S.C. Section 2385.
