he notion of a nation where
ex-offenders who have served their sentences can go on to productive
lives has taken a beating since the states embraced punitive
policies barring convicted felons from scores of jobs and
professions, regardless of whether their crimes have any bearing on
the work. These policies confine ex-offenders to society's margins,
making it likely that they will return to the prisons, which are
already filled with recidivists.
This problem is being underscored at the moment in Delaware,
where State Senator Karen Peterson has introduced a forward-looking
bill that would permit state licensing boards to exclude
ex-offenders only from jobs that are "substantially related" to the
crimes that sent them to prison.
There is reason to bar former drug addicts from working in
pharmacies or bar sex offenders from working in day care centers or
schools. But Delaware employs a punitive policy that excludes
ex-prisoners from virtually every occupation requiring a state
license, like dentistry, chiropractic, engineering, respiratory
therapy and real estate.
The blanket exclusion was adopted after complaints about the
previous system, which left some licensing decisions for individual
state boards to make on a case-by-case basis. Under that system,
rich, well-connected ex-prisoners were much more likely than poor
applicants to be granted licenses. The result was to bar many former
inmates needlessly from more than 35 jobs and professions.
If the Peterson bill is passed, the Delaware licensing boards are
likely to see that no case can be made for barring a rehabilitated
ex-offender from, say, landscape architecture. Lifting these
senselessly punitive bans would make it easier for ex-offenders to
stay out of prison.