Titled Robbed of a job
Written by Mark Levin, Director, Center for Effective Justice
http://www.texaspolicy.com/tppn_archive.php?cid=1196367884
Since the Foundation launched the Center for Effective Justice in 2005, we have identified policy solutions to reduce recidivism and limit the scope of criminal law. Similar concerns led Florida Governor Jeb Bush to issue a 2006 executive order requiring state agencies to justify barriers preventing ex-offenders from entering licensed occupations.
This is a problem in Texas because we have so many licensed occupations and so many criminal offenses that can potentially bar someone from receiving or maintaining a license. Texas has more than 2,000 criminal offenses and over 150 state-licensed occupations. Some 20 percent of Texas adults—4.7 million people—have a criminal record that would appear in a background check. Yet, ex-offenders who are employed are three to five times less likely to reoffend.
Texas law allows for revocation or denial of a license if a person has been convicted of a felony or misdemeanor that “directly relates” to the occupation, but this is often interpreted overly broadly. A conviction for drug possession, for instance, is deemed to be directly related to being a water-well driller, vehicle inspector, mortician or embalmer, and barber.
Locksmiths’ licenses are automatically revoked or denied for most offenses—one locksmith who hadn’t drank in a decade lost his license in 2006 for a 1994 DWI conviction. Yet, research has shown that a person with a conviction seven years or older is no more likely to re-offend than anyone else.
What is the motivation for these barriers? Are they to protect the public, punish ex-offenders again, or restrict competition?
We criticized proposals last session that would have added new licensed occupations, including lactation consultants, sheetmetal workers, and auto mechanics. Economics tells us that excessive barriers to entry—whether through licensing new occupations or excluding otherwise qualified professionals—will reduce the labor supply and increase the costs to consumers. Whether you are an advocate of free markets or second chances, or both, that’s reason to take offense.
Isn;t this what everyone except the Special Interests and the vigiantes have been saying all along. Problem is, There are no thinkers in the Legislature, only brainless moron bent on votes, money, and re-election. Let's see if we can't surprise one or two of them in the coming few elections.
