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Home » Turner Law Offices Blog » Restricting Employment For Former Prisoners Isn’t Constitutional

Restricting Employment For Former Prisoners Isn’t Constitutional

exprisoner-employment-ban-liftedSeven gavels crashed down in unison Wednesday when a Pennsylvania court unanimously agreed to nix the state’s permanent employment ban for former prisoners. Now, the criminal records of 200,000 citizens are no longer shackles in the rat race — well, specifically, the rat race of elderly care.

Mr. Gorbachov, Tear Down This Law!

The vague provisions under section 503(a) of the Older Adults Protective Services Act just didn’t fly with that trusty brochure of legislation on which our government is largely grounded: the Constitution. You know the one.

According to those seven Pennsylvanian judges, the law prohibiting ex-prisoners from working jobs in the field of elderly care (the Older Adults Protective Services Act) is unconstitutional due to its dangerous lack of clarity.

The guilty section, 503(a), has been condemned for violating the right to due process. Victory goes to five plaintiffs who had written bad checks, committed a drug offense, were charged with disorderly conduct, among other similarly penalized crimes. Each ex-prisoner has been rehabilated since their offenses — the latest of which occurred around 2001 and the earliest around 1981.

So, in the words of Pennsylvania Judge Mary Hannah Leavitt, section 503(a) violates ex-offenders’ constitutional right to due process because:

“[the legislation] makes no provision for consideration of any other factor, such as the nature of the crime, the facts surrounding the conviction, the time elapsed since the conviction, evidence of the individual’s rehabilitation, and the nature and requirements of the job. The employee’s criminal history is the single and overriding factor that a potential employer may consider.”

That last line pretty much says it all.

Criminal Charges in Tennessee

It’s no secret that a criminal record will hold you back in the game of life. The real one, not the board game.

That’s why it’s important to know exactly what your rights are in the state of Tennessee when you’re looking at criminal charges — care must be taken to ensure that long-lasting consequences, like those in the late Section 503(a), don’t haunt you for the rest of your life. Felonies aside, even mere misdemeanors can put door-closing blemishes on your reputation in the search for employment.

It’s true that citizens of the United States are legally allowed to represent themselves in the court of law, but why would you take the risk? A professional attorney is absolutely essential if you want true security in your fight for justice.

Hire Nashville Criminal Lawyers

At Turner Law Offices, P.C., our team of lawyers has years of experience working with clients across a wide variety of cases in the field of criminal law. Whether you or a loved one is the victim of a criminal offense, or you’ve been wrongly accused of committing such a crime, it’s absolutely critical that you obtain legal representation.

Our attorneys pride themselves providing big-firm service on a small-scale level, helping clients work toward the most satisfactory resolution under any given circumstances. The sooner you take action, the better your chances — so don’t wait! Call today, or go online to set up your Free Initial Consultation, and meet with a skilled lawyer who’s ready and waiting to guide you to the justice you deserve.

(615) 259-2660

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