Insurance License with a Deferred Adjudication
My question involves a professional license in the state of: California
I just had my probation terminated early in Travis county, Texas about a month ago. I was on probation for a year and a half. I was on deferred adjudication for CREDIT CARD ABUSE 32.31 PC. It was for less than $100 dollars. The incident took place in 08/2009. I voluntarily turned myself in after I found out that there was a warrant for my arrest. This was the first, and only offense I've ever had. I now live in Los Angeles. I admit this whole debacle turned my life upside/down. It's a soul crushing experience to be rejected by the society even though the state tells you that they give you a "second chance" by deferred adjudication. It really means nothing because anyone can have access to your record!
At the time, I was licensed for Property and Casualty Broker-Agent in the State of Texas. I voluntarily surrendered my license after I was placed on probation. I also sent the dept of insurance in Texas a letter explaining the circumstances of my arrest. I just moved to California and I am now trying to get licensed again for the same thing in CA. I still have relatives living in Texas. I am on the California Insurance Licensing Department's website trying to fill out an application. On there, they state who can and can't get a license. Please see this link: http://www.insurance.ca.gov/0200-ind...ederal-law.cfm By reading their defenitions for who they consider to be "convicted," I understand that this doesn't apply to me? Do I understand this right? Please see this link: http://www.insurance.ca.gov/0200-ind...efinitions.cfm
I don't know how to answer to the background questions. Can you help? I have no choice but to paste the Background Questions in this email because it's a secure application process and I can't provide a link in this email. I apologize for the inconvenience. So here are the questions:
Background Questions
* Required
1
* Have you ever been convicted of a felony?
* Have you ever been convicted of a felony?
Yes
No
For the purpose of this application, you have been "convicted" if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. You must disclose all convictions, even if the charges were later dismissed or expunged, your guilty plea was withdrawn pursuant to Penal Code Section 1203.4, or you were placed on probation, received a suspended sentence or just ordered to pay a fine. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.
If you answer "Yes" to this BACKGROUND question, you must attach to this application:
a) a written statement, with original signature, explaining the circumstances of each conviction or charge; and
b) certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.
Federal law (18 U.S.C. 1033) prohibits anyone who has been convicted of a felony involving dishonesty or a breach of trust or who has been convicted of any violation of 18 U.S.C. 1033 from conducting the business of insurance unless they have obtained the written consent of the Insurance Commissioner. It is a violation of this statute to conduct business of insurance without the Commissioner's written consent. If you have been convicted of a felony involving dishonesty or a breach of trust or a violation of 18 U.S.C. 1033, then you must attach a copy of this consent. If you have not obtained this written consent you must do so prior to filing your application.
2.a
* Have you ever been convicted of a felony involving dishonesty or a breach of trust?
* Have you ever been convicted of a felony involving dishonesty or a breach of trust?
Yes
No
2.b
If "Yes", have you received consent from the California Insurance Commissioner? N/A
For the purpose of this application, you have been "convicted" if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. 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. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.
If you answered "Yes" to BACKGROUND question 2a, you must attach to this application:
a) a written statement, with original signature, explaining the circumstances of each conviction or charge; and
b) certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.
3
* Have you ever been convicted of a misdemeanor?
* Have you ever been convicted of a misdemeanor?
Yes
No
For the purpose of this application, you have been "convicted" if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. 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. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.
If you answer "Yes" to this BACKGROUND question, you must attach to this application:
a) a written statement, with original signature, explaining the circumstances of each conviction or charge; and
b) certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.
4
* Have you ever been convicted of a military offense?
* Have you ever been convicted of a military offense?
Yes
No
For the purpose of this application, you have been "convicted" if you were ever found guilty by verdict of a judge or jury; and/or ever entered a plea of guilty, nolo contendere or no contest. 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. If you fail to disclose all convictions, your application may be denied. You may exclude juvenile offenses tried in juvenile court.
If you answer "Yes" to this BACKGROUND question, you must attach to this application:
a) a written statement, with original signature, explaining the circumstances of each conviction or charge; and
b) certified copies of the charging documents, and of the court documents which detail the conviction, resolution of the charges, probation and any final judgment.
5
* Are you currently charged with committing a crime?
* Are you currently charged with committing a crime?
Yes
No
"Crime" includes a felony, a misdemeanor or a military offense. You may exclude traffic citations but should include driving offenses such as, but not limited to, reckless driving, driving under the influence and driving with a suspended license.
If you answer "Yes" to this BACKGROUND question, you must attach to this application:
a) a written statement, with original signature, explaining the circumstances of each charge; and
b) certified copies of the charging documents.
6
* Have you ever been involved in an administrative proceeding (including matters with the Department of Insurance) regarding any professional or occupational license?
* Have you ever been involved in an administrative proceeding (including matters with the Department of Insurance) regarding any professional or occupational license?
Yes
No
For the purpose of this application, "Involved" means having a license censured, suspended, revoked, cancelled, terminated; or being assessed a fine, placed on probation or surrendering a license to resolve an administrative action. "Involved" also means being named a party to an administrative or arbitration proceeding which is related to a professional or occupational license. "Involved" also means having a license application denied or the act of withdrawing an application to avoid denial. You may exclude terminations due solely to noncompliance with continuing education requirements or failure to pay a renewal fee.
If you answer "Yes" to this BACKGROUND question, you must attach to this application:
a) a written statement, with original signature, explaining the circumstances of each disciplinary incident; and
b) certified copies of the Notice of Hearing or other document that states the charges and allegations, and of the document which demonstrates the resolution of the charges or any final judgment.
7
* Has any business in which you are or were an owner, partner, officer or director ever been involved in an administrative proceeding (including matters with the Department of Insurance) regarding any professional or occupational license?
* Has any business in which you are or were an owner, partner, officer or director ever been involved in an administrative proceeding (including matters with the Department of Insurance) regarding any professional or occupational license?
Yes
No
For the purpose of this application, "Involved" means having a license censured, suspended, revoked, cancelled, terminated; or being assessed a fine, placed on probation or surrendering a license to resolve an administrative action. "Involved" also means being named a party to an administrative or arbitration proceeding which is related to a professional or occupational license. "Involved" also means having a license application denied or the act of withdrawing an application to avoid denial. You may exclude terminations due solely to noncompliance with continuing education requirements or failure to pay a renewal fee.
If you answer "Yes" to this BACKGROUND question, you must attach to this application:
a) a written statement, with original signature, explaining the circumstances of each disciplinary incident; and
b) certified copies of the Notice of Hearing or other document that states the charges and allegations, and of the document which demonstrates the resolution of the charges or any final judgment.
8
* Has any demand been made or judgment rendered against you for any overdue monies by any insurer, insured or producer, or have you ever been subject to a bankruptcy proceeding? (only include bankruptcies that involve funds held on behalf of others)
* Has any demand been made or judgment rendered against you for any overdue monies by any insurer, insured or producer, or have you ever been subject to a bankruptcy proceeding? (only include bankruptcies that involve funds held on behalf of others)
Yes
No
If you answer yes, submit a statement, with an original signature, summarizing the details of the indebtedness and arrangements for repayment, and/or type and location of bankruptcy.
9
* Have you ever been notified by any jurisdiction of any delinquent tax obligation that is not the subject of a repayment agreement?
* Have you ever been notified by any jurisdiction of any delinquent tax obligation that is not the subject of a repayment agreement?
Yes
No
9.b
If you answer yes, identify the jurisdiction(s): N/A
10
* Are you currently a party to or have you ever been found liable in any lawsuit or arbitration proceeding involving allegations of fraud, misappropriation or conversion of funds, misrepresentation or breach of fiduciary duty?
* Are you currently a party to or have you ever been found liable in any lawsuit or arbitration proceeding involving allegations of fraud, misappropriation or conversion of funds, misrepresentation or breach of fiduciary duty?
Yes
No
If you answer "Yes", you must attach to this application:
a) a written statement, with original signature, summarizing the details of each incident; and
b) a copy of the Petition, Complaint, or other document that commenced the lawsuit or arbitration; and
c) a copy of the official document which demonstrates the resolution of the charges or any final judgment.
11
* Have you or any business in which you are or were an owner, partner, officer or director ever had an insurance agency contract or any other business relationship with an insurance company terminated for any alleged misconduct?
* Have you or any business in which you are or were an owner, partner, officer or director ever had an insurance agency contract or any other business relationship with an insurance company terminated for any alleged misconduct?
Yes
No
If you answer "Yes", you must attach to this application:
a) a written statement, with original signature, summarizing the details of each incident and explaining why you feel this incident should not prevent you from receiving an insurance license; and
b) copies of any relevant documents.
Also, my previous attorney told me that I am not eligible for an expunction, but that I will be eligible for a motion of non-disclosure after 5 years from the date of incident! Can you confirm? What will show on my record now if someone checks it? Where can I check my own record? If you are unable to help me, can you refer me to an attorney who specialized in professional licensing in CA?
I appreciate your quick response!
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