Licensing With a Criminal Record
How a Board Reviews a Record
A criminal record does not necessarily prevent licensure in Pennsylvania. Under Act 53 of 2020, a board may consider a conviction only in the manner the law allows.
Where a conviction directly relates to the profession, there is a rebuttable presumption that licensure poses a substantial risk, which the applicant may overcome with evidence of rehabilitation; where it does not, the board bears the burden in an individualized review. Juvenile adjudications may not be considered, and other limits apply to arrests, summary offenses and expunged or pardoned records. There are exceptions: a health care practitioner license may not be issued to a person convicted of certain listed sexual offenses, and a conviction for a crime of violence generally requires three years without a new conviction after release or sentencing.
Getting an Answer Before You Apply
A prospective applicant who cannot tell from the Department's best practices guide whether a conviction would be disqualifying may petition the appropriate board for a preliminary determination of whether the conviction is one the board treats as directly related to the profession. Where the petition is filed separately from a license application, the board must decide within 45 days; a finding that the conviction is directly related is not a final decision on licensure, and the applicant may still present evidence of rehabilitation with a later application.
Questions Licensees Ask
What counts as evidence of rehabilitation?
Evidence may include completion of the sentence, time without further offenses, treatment, education, employment history and letters of reference. The strongest applications present that evidence in an organized, documented form.
Should I answer the application’s criminal history questions fully?
Yes. A false or incomplete answer can be a separate ground for denial or later discipline, even where the record itself would not have barred licensure.
What if the board proposes to deny my application?
A board that proposes to deny an application ordinarily issues a provisional denial and gives the applicant a short period to request a hearing; if no timely request is made, the denial may become final. The record made at that stage matters, because a later appeal is ordinarily decided on that record.
How can the firm help?
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the board.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: Licensing and FAQs · All Licensing Boards
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.