I have 2 misdemeanors on my record in Ohio. One is 2 years old and another is 4 years old. Will this prevent me from getting a state insurance license?
Total Comments: 68
Posted: Mon Jul 09, 2012 08:34 am Post Subject:
Possibly. How long ago did this occur, and was the offense an insurance crime?
Posted: Fri Nov 02, 2012 10:46 pm Post Subject:
Posted: Fri Nov 02, 2012 10:47 pm Post Subject:
Posted: Fri Nov 02, 2012 10:47 pm Post Subject: Expungement/ Sealment
In 2009 I was charged with felony theft, which was quickly dropped to a misdemeanor theft. Due to the fact that it was my only charge EVER, my record was sealed. Will I be able to obtain my life & Health license in Ohio? and when applying for a job at a licensing company, even though I can legally answer the question by saying I'd never been convicted of felony, which technically I didn't cause it was dropped to MISD. Should I put yes or no? Also, will the insurance company i'm applying for see this on my FBI. I once had a FI check done on me by a Boys and Girls Club center to do voluntary work with some kids and nothing came up. What should I do?
Posted: Fri Nov 02, 2012 10:52 pm Post Subject:
My record is sealed. I was charged with felony but was quickly changed to misd-theft, Since it was the only crime i'ved committed (will never ever do again), my record was sealed.
When apply for insurance job, where it asked if i've been convicted of a felony? Should I answer yes or no. Also, since my records are sealed. Legally I have the right to answer no on the employers application for any arrests.
Also, wil I be able to obtain a license. On a FBI check I had done last year to volunteer with kids, nothing came up. Why is this?
Posted: Wed Nov 07, 2012 09:49 am Post Subject:
My record is sealed
Maybe so, but in CA, for example, you still have to answer YES to the question, "Have you ever been convicted of a crime?" "A CRIME" means felony or misdemeanor. You can be charged with a felony and convicted of a misdemeanor. If the question asks, "Have you ever been convicted of a felony?" the answer to that question is NO if you were only convicted of a misdemeanor.
Also, wil I be able to obtain a license. On a FBI check I had done last year to volunteer with kids, nothing came up. Why is this?
There are all sorts of "FBI checks", and it depends on what one is paying for as to what comes up as a result.
An insurance license background check is considerably more important than one to be a "volunteer with kids", because the latter is looking out mostly for pedophiles, and the former is under the constraints of a different federal law that makes it a crime worth a $10,000 fine and 15 years in a federal prison to be employed in the financial services industry with certain felony or misdemeanor convictions in your past and without a required waiver from the appropriate regulator.
Posted: Fri Nov 16, 2012 09:23 pm Post Subject: insurance
i live in Ohio and i have been waiting since 10/22 for my license to be approved in Life and Causality. called state and bci since i was convicted of several felonies in 81 for robbery and 84 for assault, the process is longer. have turned my life around completely but the black mark is there. Do i stand a chance even though its 30 yrs ago?
Posted: Sat Nov 17, 2012 12:14 pm Post Subject:
Your crimes are within the jurisdiction of 18 USC 1033, 1034, and you will likely have to apply for a consent waiver from the Commissioner of Insurance.
Posted: Fri Mar 14, 2014 03:00 am Post Subject:
I believe you have to actually file a request for expungement in order to have misdemeanor or felony considered for expungement not a guarantee. Some felonies do not qualify.
Posted: Fri Mar 14, 2014 05:18 am Post Subject:
I believe you have to actually file a request for expungement in order to have misdemeanor or felony considered for expungement not a guarantee
As far as an insurance license is concerned this comment is a moot point. The first question on every state's insurance license application asks: Have you EVER been convicted of a crime (or felony, or misdemeanor)? The insurance laws of every state do not allow "expunged" or "sealed" records to go undisclosed.
For example, in CA, Penal Code Section 1203.4 permits the court to dismiss certain convictions after one year if specific terms and conditions, such as satisfactory completion of probation, counseling, drug diversion treatment, etc. have been fulfilled. Those convictions do not have to be reported to private employers, but they must be reported to government entities when applying for employment or a professional license.
The application for a CA Insurance License states, within each question about felony and misdemeanor convictions, "You must disclose all convictions, even if the charges were later dismissed or expunged, your guilty plea was withdrawn pursuant to Penal Code Section 1203.4, or you were placed on probation, received a suspended sentence or just ordered to pay a fine." From this there is no escape.
And from this, a failure to disclose is worse than the disclosure. The disclosure can result in being called to a public hearing to determine one's fitness for licensing. Failure to disclose will definitely result in being called to a hearing and probably having one's license application denied as a person "lacking in integrity," A "death sentence" in this business -- because once a license is denied, that, too, is another disclosure, and (at least in CA) there is a mandatory 5 year waiting period before a new license application may be submitted.
Posted: Mon Jul 09, 2012 08:34 am Post Subject:
Possibly. How long ago did this occur, and was the offense an insurance crime?
Posted: Fri Nov 02, 2012 10:46 pm Post Subject:
Posted: Fri Nov 02, 2012 10:47 pm Post Subject:
Posted: Fri Nov 02, 2012 10:47 pm Post Subject: Expungement/ Sealment
In 2009 I was charged with felony theft, which was quickly dropped to a misdemeanor theft. Due to the fact that it was my only charge EVER, my record was sealed. Will I be able to obtain my life & Health license in Ohio? and when applying for a job at a licensing company, even though I can legally answer the question by saying I'd never been convicted of felony, which technically I didn't cause it was dropped to MISD. Should I put yes or no? Also, will the insurance company i'm applying for see this on my FBI. I once had a FI check done on me by a Boys and Girls Club center to do voluntary work with some kids and nothing came up. What should I do?
Posted: Fri Nov 02, 2012 10:52 pm Post Subject:
My record is sealed. I was charged with felony but was quickly changed to misd-theft, Since it was the only crime i'ved committed (will never ever do again), my record was sealed.
When apply for insurance job, where it asked if i've been convicted of a felony? Should I answer yes or no. Also, since my records are sealed. Legally I have the right to answer no on the employers application for any arrests.
Also, wil I be able to obtain a license. On a FBI check I had done last year to volunteer with kids, nothing came up. Why is this?
Posted: Wed Nov 07, 2012 09:49 am Post Subject:
My record is sealed
Maybe so, but in CA, for example, you still have to answer YES to the question, "Have you ever been convicted of a crime?" "A CRIME" means felony or misdemeanor. You can be charged with a felony and convicted of a misdemeanor. If the question asks, "Have you ever been convicted of a felony?" the answer to that question is NO if you were only convicted of a misdemeanor.
Also, wil I be able to obtain a license. On a FBI check I had done last year to volunteer with kids, nothing came up. Why is this?
There are all sorts of "FBI checks", and it depends on what one is paying for as to what comes up as a result.
An insurance license background check is considerably more important than one to be a "volunteer with kids", because the latter is looking out mostly for pedophiles, and the former is under the constraints of a different federal law that makes it a crime worth a $10,000 fine and 15 years in a federal prison to be employed in the financial services industry with certain felony or misdemeanor convictions in your past and without a required waiver from the appropriate regulator.
Posted: Fri Nov 16, 2012 09:23 pm Post Subject: insurance
i live in Ohio and i have been waiting since 10/22 for my license to be approved in Life and Causality. called state and bci since i was convicted of several felonies in 81 for robbery and 84 for assault, the process is longer. have turned my life around completely but the black mark is there. Do i stand a chance even though its 30 yrs ago?
Posted: Sat Nov 17, 2012 12:14 pm Post Subject:
Your crimes are within the jurisdiction of 18 USC 1033, 1034, and you will likely have to apply for a consent waiver from the Commissioner of Insurance.
Posted: Fri Mar 14, 2014 03:00 am Post Subject:
I believe you have to actually file a request for expungement in order to have misdemeanor or felony considered for expungement not a guarantee. Some felonies do not qualify.
Posted: Fri Mar 14, 2014 05:18 am Post Subject:
I believe you have to actually file a request for expungement in order to have misdemeanor or felony considered for expungement not a guarantee
As far as an insurance license is concerned this comment is a moot point. The first question on every state's insurance license application asks: Have you EVER been convicted of a crime (or felony, or misdemeanor)? The insurance laws of every state do not allow "expunged" or "sealed" records to go undisclosed.For example, in CA, Penal Code Section 1203.4 permits the court to dismiss certain convictions after one year if specific terms and conditions, such as satisfactory completion of probation, counseling, drug diversion treatment, etc. have been fulfilled. Those convictions do not have to be reported to private employers, but they must be reported to government entities when applying for employment or a professional license.
The application for a CA Insurance License states, within each question about felony and misdemeanor convictions, "You must disclose all convictions, even if the charges were later dismissed or expunged, your guilty plea was withdrawn pursuant to Penal Code Section 1203.4, or you were placed on probation, received a suspended sentence or just ordered to pay a fine." From this there is no escape.
And from this, a failure to disclose is worse than the disclosure. The disclosure can result in being called to a public hearing to determine one's fitness for licensing. Failure to disclose will definitely result in being called to a hearing and probably having one's license application denied as a person "lacking in integrity," A "death sentence" in this business -- because once a license is denied, that, too, is another disclosure, and (at least in CA) there is a mandatory 5 year waiting period before a new license application may be submitted.
Add your comment