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Counselor Can't Get License Due to Felony History
June 27, 2005

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News Summary

A former addict who turned her life around and became a counselor in a California jail is being barred from getting the teaching credential she needs to continue her work, the San Jose Mercury News reported June 25.

Michelle Delk, 46, has been sober for nine years and has been counseling inmates at the Santa Clara County jail since last June. But state officials recently denied her a teaching credential she needed to continue in her job, citing her three past felony convictions for burglary, grand theft, and willful child cruelty.

"The law says people convicted of certain crimes cannot be issued teaching credentials," said Janet Vining, a senior attorney with the California Commission on Teacher Credentialing. "It's not a matter of what we would like to do or not like to do. It's a matter of the statute stating that with those convictions, she is not allowed to have a credential."

The decision was a major blow to Delk, who lost her job and health insurance. "This whole year has been bliss because I love my job and I'm walking in my calling," she said. "My hope's been taken away."

An effort is now underway to get Delk's record expunged and her application reconsidered, led by her boss and joined by county jail officials and other backers. "It is paradoxical that many of Michelle's assets in working with inmates are being viewed as liabilities," said Milpitas Adult Education Correction Program Principal Nick Hinebaugh.

A judge recently expunged Delk's felony record, but her convictions still must be disclosed on job applications. And because her first-degree burglary conviction is considered a serious felony, she must get a pardon from the governor to wipe that part of her record clean.

Supporters say the state should change its credentialing rules so that people with felony records are not automatically barred from teaching in prisons and jails. "It turns out that the best people to teach inmates are former inmates who are in recovery,'' said Bob Feldman, programs manager at the county Department of Correction.

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