Philadelphia, PA – Last week, the Philadelphia Court of Common Pleas ruled that the state Private Detective Act’s lifetime employment ban barring people with criminal records from working as private unarmed security guards was unconstitutional on its face and could no longer be enforced.
This ruling means that employers in Philadelphia can no longer deny people jobs as unarmed private security guards because of old, minor, and irrelevant convictions.
Two Philadelphia workers who lost jobs as unarmed security guards due to convictions from more than 15 years ago sued to challenge the Private Detective Act in July 2023. They are represented by Community Legal Services of Philadelphia and the Public Interest Law Center.
One of the workers, Jamar Patterson, was convicted of drug possession with intent to sell in 2005 when he was just 19 years old. Since then, Mr. Patterson, now 40, has maintained a clean record and has a long history of successful employment. In April 2022, Mr. Patterson received a conditional employment offer to work for Allied Universal as an unarmed security guard at utility company buildings, but Allied rescinded that offer after he disclosed his criminal history. He now works as a field technician for the same utility company but would still like to work in the security industry to earn more income.
“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. And I’m looking forward to the case becoming a part of a statewide solution,” said Patterson.
The Private Detective Act, passed in 1953, includes a long list of minor offenses, including many misdemeanors, that bar workers from employment in the security and protection industry for life. These include simple drug possession, pickpocketing, and a catchall category of “any offense involving moral turpitude.” In reaction to the Act’s broad prohibitions, most security employers do not hire workers with any kind of conviction history at all, regardless of how old, minor, or unrelated it is.
Recidivism expert Kiminori Nakamura, Ph.D., filed an expert report in support of the litigation, explaining that the risk of recidivism for individuals with criminal history falls below the risk of arrest for the people without criminal records after three to four years for non-violent and drug offenses and by seven years for all offenses.
“We are thrilled with the court’s ruling in this case, especially given the uncontroverted evidence that the law’s criminal record bar is overbroad, unconstitutional, and does not further public safety,” said Ben Geffen, Senior Attorney at the Public Interest Law Center.
Security positions often do not require a college degree, and the growing industry can offer better wages and benefits than other entry-level work for high school graduates. According to the U.S. Bureau of Labor Statistics, the median annual income for a security guard is $31,470, or about $15 per hour—double Pennsylvania’s minimum wage of $7.25 per hour.
“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. The court’s decision finding the law’s lifetime employment ban unconstitutional will open the door to opportunity for hard-working, qualified Philadelphians,” said Jamie Gullen, Managing Attorney of the Employment Unit at Community Legal Services.
If Philadelphians are denied unarmed security jobs under the Private Detective Act because of old convictions, they should contact Community Legal Services of Philadelphia for legal help.
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The Public Interest Law Center uses high-impact legal strategies to advance the civil, social, and economic rights of communities in the Philadelphia region facing discrimination, inequality, and poverty. We use litigation, community education, advocacy, and organizing to secure their access to fundamental resources and services in the areas of public education, housing, health care, employment, environmental justice and voting. For more information visit or follow on Twitter @PubIntLawCtr
Community Legal Services of Philadelphia provides free civil legal assistance to low-income Philadelphians when they face the threat of losing their homes, incomes, health care, and families. CLS attorneys and other staff provide a full range of legal services, from individual representation to administrative advocacy to class action litigation, as well as community education and social work. CLS is nationally recognized as a model legal services program. For more information visit www.clsphila.org or follow CLS at @clsphila on social media.
