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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 9124 (2026)

 Use of records by licensing agencies.

✓ current as of May 2026
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§ 9124.  Use of records by licensing agencies.

(a)  State agencies.--Except as provided by this chapter and specifically subsection (a.1), 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.

(a.1)  Application of other law.--The following provisions shall apply to a licensing board or licensing commission under the Bureau of Professional and Occupational Affairs in the Department of State with respect to refusing to issue or renew, suspending, revoking or limiting a license, certificate, registration or permit:

(1)  63 Pa.C.S. § 3112 (relating to restricted licenses for barbers and cosmetologists).

(2)  63 Pa.C.S. § 3112.1 (relating to restricted licenses for other occupations).

(3)  63 Pa.C.S. § 3113 (relating to consideration of criminal convictions).

(4)  63 Pa.C.S. § 3114 (relating to juvenile adjudications).

(5)  63 Pa.C.S. § 3115 (relating to preliminary determinations by licensing boards and licensing commissions).

(6)  63 Pa.C.S. § 3116 (relating to best practices guide).

(7)  63 Pa.C.S. § 3117 (relating to list of criminal offenses).

(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, expunged or subject to limited access under sections 9122.1 (relating to petition for limited access) and 9122.2 (relating to clean slate limited access).

(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.; July 1, 2020, P.L.575, No.53, eff. imd.)

 

2020 Amendment.  Act 53 amended subsecs. (a) and (b)(2) and added subsec. (a.1)

1979 Amendment.  Act 127 amended subsec. (b).

Cross References.  Section 9124 is referred to in section 1310 of Title 4 (Amusements); section 3113 of Title 63 (Professions and Occupations (State Licensed)).

Notes of Decisions
Cited in 36 cases (5 in the last 5 years), 1986–2025 · leading case: Ake v. Bureau of Prof'l & Occupational Affairs, State Bd. of Acct., 974 A.2d 514 (Pa. Commw. Ct. 2009).
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Ake v. Bureau of Prof'l & Occupational Affairs, State Bd. of Acct., 974 A.2d 514 (Pa. Commw. Ct. 2009). · cites it 4× “1(a)(5) of the CPA Law [2] and Section 9124(c)(1) of the Criminal History Record Information Act *516 (CHRIA), 18 Pa.C.S. § 9124(c)(1). [3] Ake filed an answer admitting the fact of his conviction and requesting a hearing to present mitigating evidence.”
D.A. King v. BPOA, State Bd. of Barber Examiners, 195 A.3d 315 (Pa. Commw. Ct. 2018). · cites it 3× “We note that King was released from prison in May of 2012, five years after his sentencing on May 10, 2007.”
Abruzzese v. Bureau of Prof'l & Occupational Affairs, 185 A.3d 446 (Pa. Commw. Ct. 2018). · cites it 3× “18 Pa. C.S. § 9124(c) (emphasis added). CHRIA is a general statute that applies to every Pennsylvania agency charged with the responsibility to license or permit the practice of a "trade, occupation or profession.”
Bentley v. Bureau of Prof'l & Occupational Affairs, 179 A.3d 1196 (Pa. Commw. Ct. 2018). · cites it 2× “The order to show cause was issued under Section 9124(c)(1) of the Criminal History Record Information Act (CHRIA), 18 Pa. C.S. § 9124(c)(1). 1 Bentley filed an answer that admitted the fact of her convictions but asserted that mitigating circumstances warranted that she be…”
Foxworth v. Pennsylvania State Police, 402 F. Supp. 2d 523 (E.D. Pa. 2005). · cites it 3× “He therefore urged that 18 Pa. Cons. Stat. § 9124 , which prohibits governmental agencies’ use “in consideration of an application for a license, certificate, registration or permit” 17 of “[cjonvictions which have been annulled or expunged,” conferred a property right and a…”
Elder v. Bureau of Prof'l & Occupational Affairs, 206 A.3d 94 (Pa. Commw. Ct. 2019). · cites it 3× “18 Pa. C.S. § 9124(c)(1). Second, Sections 22(b), (c) and 41 of the Medical Practice Act of 1985 authorized the Board to deny a license to an applicant who lacks good moral character and who cannot demonstrate the requisite training and experience.”
Commonwealth v. D.M., 695 A.2d 770 (Pa. 1997). · cites it 2× “18 Pa.C.S. § 9124. Any person or agency who violates these strictures is subject to sanctions including admimstrative discipline and civil penalties.”
Garner v. Bureau of Prof'l & Occupational Affairs, State Bd. of Optometry, 97 A.3d 437 (Pa. Commw. Ct. 2014). “18 Pa.C.S. § 9124(c) (emphasis added). Whether Section 9124(c) of CHRIA limits Section 7(a)(5) of the Optometry Act such that the Board may suspend Garner’s license only if his misdemeanor crimes relate to the practice of optometry appears to be an issue of first impression.”
Kirkpatrick v. Bureau of Prof'l & Occupational Affairs, State Bd. of Barber Examiners, 117 A.3d 1286 (Pa. Commw. Ct. 2015). “In addition to probation, Licensee was also sentenced to pay the costs of his prosecution, provide a DNA sample, comply with lifetime sex offender registration requirements, ''[o]b-tain a special offender evaluation and comply with any treatment recommendations,” and have no…”
Kearney v. Bureau of Prof'l & Occupational Affairs, 172 A.3d 127 (Pa. Commw. Ct. 2017). “18 Pa.C.S. § 9124. Recognizing the reach and applicability of this statutory proviso to “licensing agencies,” this Court has already held that, independent of other statutes, section 9124(c)(1) of CHIRA authorizes certain licensing boards to suspend' or revoke a practitioner’s…”
Poliskiewicz v. East Stroudsburg Univ., 536 A.2d 472 (Pa. Commw. Ct. 1988). “Appellant maintains that his discharge by Appellee and the subsequent refusal to reemploy him is violative of Sections-9124 and 9125 of the Criminal History Record Information Act (Record Act), 18 Pa. C. S. §§9124, 9125. He further argues that his discharge was based upon mere…”
Pook v. Commonwealth, State Bd. of Auctioneer Examiners, 735 A.2d 134 (Pa. Commw. Ct. 1999). · cites it 2× “See 18 Pa.C.S. § 9124(c)(1). Because bid-pooling is graded as a felony and relates closely to the practice of auctioneering, the Board appropriately exercised its discretion in denying *140 Petitioner’s application pursuant to the provisions of section 28(a) of the Act and…”
Show all 36 citing cases →
— 18 Pa. Cons. Stat. § 9124(a) — 1 case
Com. v. Hudson, L. (Pa. Super. Ct. 2020).
— 18 Pa. Cons. Stat. § 9124(b) — 1 case
M. Ghaderi, D.O. v. State Bd. of Osteopathic Med. (Pa. Commw. Ct. 2023).
— 18 Pa. Cons. Stat. § 9124(b)(1) — 5 cases
Commonwealth v. D.M., 695 A.2d 770 (Pa. 1997). “18 Pa.C.S. § 9124. Any person or agency who violates these strictures is subject to sanctions including admimstrative discipline and civil penalties.”
Commonwealth v. D.M., 663 A.2d 792 (Pa. Super. Ct. 1995).
Com. v. DM, 663 A.2d 792 (Pa. Super. Ct. 1995).
Com. v. DM, 695 A.2d 770 (Pa. 1997).
Com. v. Hudson, L. (Pa. Super. Ct. 2020).
— 18 Pa. Cons. Stat. § 9124(b)(3) — 1 case
Tammy R.A. Little d/b/a Creature Comforts Rehab. Ranch v. Dept. of Agric., Bureau of Dog Law Enf't (Pa. Commw. Ct. 2021).
— 18 Pa. Cons. Stat. § 9124(b)(5) — 3 cases
D.A. King v. BPOA, State Bd. of Barber Examiners, 195 A.3d 315 (Pa. Commw. Ct. 2018). “We note that King was released from prison in May of 2012, five years after his sentencing on May 10, 2007.”
Fulton v. Bureau of Prof'l & Occupational Affairs, State Bd. of Barber Examiners, 169 A.3d 718 (Pa. Commw. Ct. 2017).
M. Fulton v. BPOA, State Bd. of Barber Examiners (Pa. Commw. Ct. 2017).
— 18 Pa. Cons. Stat. § 9124(c) — 9 cases
D.A. King v. BPOA, State Bd. of Barber Examiners, 195 A.3d 315 (Pa. Commw. Ct. 2018). “We note that King was released from prison in May of 2012, five years after his sentencing on May 10, 2007.”
Abruzzese v. Bureau of Prof'l & Occupational Affairs, 185 A.3d 446 (Pa. Commw. Ct. 2018). “18 Pa. C.S. § 9124(c) (emphasis added). CHRIA is a general statute that applies to every Pennsylvania agency charged with the responsibility to license or permit the practice of a "trade, occupation or profession.”
Garner v. Bureau of Prof'l & Occupational Affairs, State Bd. of Optometry, 97 A.3d 437 (Pa. Commw. Ct. 2014). “18 Pa.C.S. § 9124(c) (emphasis added). Whether Section 9124(c) of CHRIA limits Section 7(a)(5) of the Optometry Act such that the Board may suspend Garner’s license only if his misdemeanor crimes relate to the practice of optometry appears to be an issue of first impression.”
Fulton v. Bureau of Prof'l & Occupational Affairs, State Bd. of Barber Examiners, 169 A.3d 718 (Pa. Commw. Ct. 2017).
Gangewere v. Commonwealth, 512 A.2d 301 (Pa. Commw. Ct. 1986).
— 18 Pa. Cons. Stat. § 9124(c)(1) — 16 cases
Ake v. Bureau of Prof'l & Occupational Affairs, State Bd. of Acct., 974 A.2d 514 (Pa. Commw. Ct. 2009). “1(a)(5) of the CPA Law [2] and Section 9124(c)(1) of the Criminal History Record Information Act *516 (CHRIA), 18 Pa.C.S. § 9124(c)(1). [3] Ake filed an answer admitting the fact of his conviction and requesting a hearing to present mitigating evidence.”
Bentley v. Bureau of Prof'l & Occupational Affairs, 179 A.3d 1196 (Pa. Commw. Ct. 2018). “The order to show cause was issued under Section 9124(c)(1) of the Criminal History Record Information Act (CHRIA), 18 Pa. C.S. § 9124(c)(1). 1 Bentley filed an answer that admitted the fact of her convictions but asserted that mitigating circumstances warranted that she be…”
Abruzzese v. Bureau of Prof'l & Occupational Affairs, 185 A.3d 446 (Pa. Commw. Ct. 2018). “18 Pa. C.S. § 9124(c) (emphasis added). CHRIA is a general statute that applies to every Pennsylvania agency charged with the responsibility to license or permit the practice of a "trade, occupation or profession.”
Elder v. Bureau of Prof'l & Occupational Affairs, 206 A.3d 94 (Pa. Commw. Ct. 2019). “18 Pa. C.S. § 9124(c)(1). Second, Sections 22(b), (c) and 41 of the Medical Practice Act of 1985 authorized the Board to deny a license to an applicant who lacks good moral character and who cannot demonstrate the requisite training and experience.”
Pook v. Commonwealth, State Bd. of Auctioneer Examiners, 735 A.2d 134 (Pa. Commw. Ct. 1999). “See 18 Pa.C.S. § 9124(c)(1). Because bid-pooling is graded as a felony and relates closely to the practice of auctioneering, the Board appropriately exercised its discretion in denying *140 Petitioner’s application pursuant to the provisions of section 28(a) of the Act and…”
— 18 Pa. Cons. Stat. § 9124(c)(2) — 6 cases
Kirkpatrick v. Bureau of Prof'l & Occupational Affairs, State Bd. of Barber Examiners, 117 A.3d 1286 (Pa. Commw. Ct. 2015). “In addition to probation, Licensee was also sentenced to pay the costs of his prosecution, provide a DNA sample, comply with lifetime sex offender registration requirements, ''[o]b-tain a special offender evaluation and comply with any treatment recommendations,” and have no…”
M. Freeman, LPN v. BPOA, State Bd. of Nursing (Pa. Commw. Ct. 2017).
J.C. Collaso v. BPOA, State Bd. of Soc. Workers, Marriage & Fam. Therapists & Prof'l Counselors (Pa. Commw. Ct. 2016).
M. Freeman v. BPOA, State Bd. of Nursing (Pa. Commw. Ct. 2018).
M. Ghaderi, D.O. v. State Bd. of Osteopathic Med. (Pa. Commw. Ct. 2023).
— 18 Pa. Cons. Stat. § 9124(c)(l) — 1 case
Gangewere v. Commonwealth, 512 A.2d 301 (Pa. Commw. Ct. 1986).
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