2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
9124 - Use of records by licensing agencies.

     § 9124.  Use of records by licensing agencies.
        (a)  State agencies.--Except as provided by this chapter, a
     board, commission or department of the Commonwealth, when
     determining eligibility for licensing, certification,
     registration or permission to engage in a trade, profession or
     occupation, may consider convictions of the applicant of crimes
     but the convictions shall not preclude the issuance of a
     license, certificate, registration or permit.
        (b)  Prohibited use of information.--The following
     information shall not be used in consideration of an application
     for a license, certificate, registration or permit:
            (1)  Records of arrest if there is no conviction of a
        crime based on the arrest.
            (2)  Convictions which have been annulled or expunged.
            (3)  Convictions of a summary offense.
            (4)  Convictions for which the individual has received a
        pardon from the Governor.
            (5)  Convictions which do not relate to the applicant's
        suitability for the license, certificate, registration or
        permit.
        (c)  State action authorized.--Boards, commissions or
     departments of the Commonwealth authorized to license, certify,
     register or permit the practice of trades, occupations or
     professions may refuse to grant or renew, or may suspend or
     revoke any license, certificate, registration or permit for the
     following causes:
            (1)  Where the applicant has been convicted of a felony.
            (2)  Where the applicant has been convicted of a
        misdemeanor which relates to the trade, occupation or
        profession for which the license, certificate, registration
        or permit is sought.
        (d)  Notice.--The board, commission or department shall
     notify the individual in writing of the reasons for a decision
     which prohibits the applicant from practicing the trade,
     occupation or profession if such decision is based in whole or
     part on conviction of any crime.
     (Dec. 14, 1979, P.L.556, No.127, eff. imd.)

        1979 Amendment.  Act 127 amended subsec. (b).
        Cross References.  Section 9124 is referred to in section
     1310 of Title 4 (Amusements).

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