Jamar Patterson, now 40, was up for a job in 2022 as an unarmed security guard.
But the offer was rescinded when he informed his prospective employer, Allied Universal, of a previous drug conviction from when he was 19, despite having a clean record since 2005.
Similarly, Abron Ash, 49, lost his job after his employer, McGinn Security, learned of his conviction on three misdemeanors related to a fight in 2006.
Both lost their jobs because of a Pennsylvania law that applies to people who have been convicted of certain crimes, banning them for life from working as private unarmed security guards.
Last week, the Philadelphia Court of Common Pleas ruled that the state’s Private Detective Act is unconstitutional.
The ruling was the result of a 2023 civil suit Patterson and Ash filed against the Commonwealth of Pennsylvania and District Attorney Larry Krasner, whose office enforces the Private Detective Act in Philadelphia. They asked the court to block enforcement of the law.
Krasner said in a statement Friday that he agrees with the court’s decision and will not appeal it.
“The Private Detective Act’s extreme, irrebuttable lifetime ban on employment in private security swept too broadly constitutionally,” Krasner said. “The ruling will now open doors for qualified Philadelphians who were previously barred from entering the security industry due to old or irrelevant convictions, giving more individuals the right to work and earn a living.”
It’s unclear whether the Philadelphia court’s ruling would eventually apply statewide.
As of now, the decision prevents enforcement of the law in Philadelphia, say attorneys for the plaintiffs. The two men filed the suit with the help of the Public Interest Law Center and Community Legal Services (CLS) of Philadelphia.
“I’m very excited to hear the news that I was a part of making change. It’s almost like making history — I guess it is history in Philadelphia,“ Patterson said in a statement. ”And I’m looking forward to the case becoming a part of a statewide solution.”
Patterson’s attorneys also say more effort is likely needed to extend the ruling to the rest of the state.
Though many states have restrictions on security guard licensing for people with criminal convictions, they often have time limits on the restriction or have processes in place for authorities to give exceptions.
Pennsylvania’s lifetime ban, however, is among the most restrictive.
The recent ruling means Philadelphia employers can no longer deny people jobs as unarmed private security guards because of old, minor, and “irrelevant” convictions, according to the Public Interest Law Center and CLS.
“We have had hundreds of clients over the years who have come to Community Legal Services because they are interested in working in the security field but have been unable to do so because of old and irrelevant convictions,” said Jamie Gullen, a managing attorney at CLS.
Gullen said the court’s decision “will open the door to opportunity for hard-working, qualified Philadelphians.”
Ben Geffen, senior attorney at the Public Interest Law Center, said evidence showed that the law is, “over broad, unconstitutional, and does not further public safety.”
The Private Detective Act was passed in 1953 and includes a long list of minor offenses, including many misdemeanors, that bar workers from employment in the security and protection industry for life. The convictions include simple drug possession, pickpocketing, and a catchall category of “any offense involving moral turpitude.”
Because of those broad prohibitions, most security employers will not hire workers with any kind of conviction history, attorneys for the CLS and Public Interest Law Center said.
Security jobs can be vital for some workers because they don’t often require a college degree and offer better wages than other entry-level work. The median annual income for a security guard is $31,470, or about $15 per hour. That’s double Pennsylvania’s $7.25 per hour minimum wage.
Kiminori Nakamura, Ph.D., filed a report to the court on behalf of Patterson and Ash noting that the risk of recidivism for individuals with criminal history seeking such jobs is relatively low.
Editor’s Note: This story has been updated to include a statement from District Attorney Larry Krasner.
