Background Question

[Rainmakr]

Little background about myself, I've had my producers license for just over 3yrs., been in the insurance industry for just over 9yrs. I currently work for a captive agency, however, I'm in the process of branching out and creating an independent agency. Anyway, 12yrs ago I had a couple misdemeanors when I was "young & dumb" and had them expunged. My lawyer at the time said I would never have to admit to them regarding background questions on job applications etc. becuase he said they were off my record like they never happened. Following his directions I've done so and never had a problem with that until now. Question I have is I didn't disclose this information on my insurance license because I was under the impression I didn't have to, but the more research I do I'm finding out that I should have. I'm a little worried as of what to do now because I don't want to have problems down the road, but I don't want to be made out to be a liar because I would have disclosed this information if I wasn't instructed otherwise. Just wondering if anyone has been in a similar situation. Last thing I need is to have my license taken away from me.

 

[jaystar]

Get your credit file reports, your court house records and see what if anything appears. You might want to go to a credit/public records web page and pay for a report. Then you will know how to proceed.

 

[Todd King]

I had an agent that was in this exact situation. He kept pushing me to get a certain contract when they had already turned him down. They did more "investigating" and found out that he didn't claim a felony that was supposed to be expunged. The DOI didn't find it when they did the background, but this company did!

Well, they called the DOI to find out more details and all that did was to throw up a red flag to the DOI because he had answered "no" to the question, just like his lawyer told him to many years before.

The DOI investigated and sure enough, it never was expunged and now he has lost his license. He can re-apply in 5 years!

The felony happened 20 years ago and he thought all along it was expunged. He went by what his lawyer told him.

 

[Rainmakr]

That's the thing, nothing will show up. I obtained my producer license over 3yrs and did not disclose it because I was under the impression I didn't have to.
- - - - - - - - - - - - - - - - - -

I had an agent that was in this exact situation. He kept pushing me to get a certain contract when they had already turned him down. They did more "investigating" and found out that he didn't claim a felony that was supposed to be expunged. The DOI didn't find it when they did the background, but this company did!

Well, they called the DOI to find out more details and all that did was to throw up a red flag to the DOI because he had answered "no" to the question, just like his lawyer told him to many years before.

The DOI investigated and sure enough, it never was expunged and now he has lost his license. He can re-apply in 5 years!

The felony happened 20 years ago and he thought all along it was expunged. He went by what his lawyer told him.

Fantastic, so your saying I'm probably going to lose my license? Mine was a misdemeanor not a felony though. I haven't even had a moving violation since then.

 

[rousemark]

That's the thing, nothing will show up. I obtained my producer license over 3yrs and did not disclose it because I was under the impression I didn't have to.
- - - - - - - - - - - - - - - - - -



Fantastic, so your saying I'm probably going to lose my license? Mine was a misdemeanor not a felony though. I haven't even had a mo
ving violation since then.

You state asks "have you ever been convicted of a misdemeanor"? That is kind of harsh if it be the case. Read the questions very carefull and see for sure if a "yes" answer would have been required.

If the record has truly been expunged, then it is not going to show up on a background investigation and you can quit worrying. Todd's example is a guy who just "thought" it had been expunged but that wasn't the case.. It was showing up in a background investigation.

 

[xrac]

You state asks "have you ever been convicted of a misdemeanor"? That is kind of harsh if it be the case. Read the questions very carefull and see for sure if a "yes" answer would have been required.

If the record has truly been expunged, then it is not going to show up on a background investigation and you can quit worrying. Todd's example is a guy who just "thought" it had been expunged but that wasn't the case.. It was showing up in a background investigation.

A problem with the legal system is sometimes the information that is suppose to be entered into the public record doesn't always get entered. I once had an employee arrested, required to spend two days in jail, and come up with a $1,500 bail (I bailed him out). Come to find out it was over a warrant that had been satisfied but the paper work never got processed to kill the warrant. He lost two days work, $150.00 of the bail money, and for nothing other than an incompetent court system. They don't even apologize.

 

[Rainmakr]

You state asks "have you ever been convicted of a misdemeanor"? That is kind of harsh if it be the case. Read the questions very carefull and see for sure if a "yes" answer would have been required.

If the record has truly been expunged, then it is not going to show up on a background investigation and you can quit worrying. Todd's example is a guy who just "thought" it had been expunged but that wasn't the case.. It was showing up in a background investigation.

I believe so, it's been 3yrs since I filled out the forms. What brought it to my attention is now that I'm filling out paper work to get appointed w/carriers it ask have you had a felony or misdemeanor and I don't know whether to put "yes" and explain how it's been expunged or answer "no" because technically it shouldn't be on my record. I remember a couple yrs. ago when I briefly worked for a bank they specified if the case has been "sealed or expunged" you don't have to report it. To make a long story short I didn't report it and passed the initial background check, but when they fingerprinted me and did a more extensive check they were able to see it. I still got the job it was just embarrassing because they brought light to mistake I made when I was a teenager that was supposed to be impossible to obtain or at least that was what I was told.

 

[xrac]

I believe so, it's been 3yrs since I filled out the forms. What brought it to my attention is now that I'm filling out paper work to get appointed w/carriers it ask have you had a felony or misdemeanor and I don't know whether to put "yes" and explain how it's been expunged or answer "no" because technically it shouldn't be on my record. I remember a couple yrs. ago when I briefly worked for a bank they specified if the case has been "sealed or expunged" you don't have to report it. To make a long story short I didn't report it and passed the initial background check, but when they fingerprinted me and did a more extensive check they were able to see it. I still got the job it was just embarrassing because they brought light to mistake I made when I was a teenager that was supposed to be impossible to obtain or at least that was what I was told.

Maybe the best answer would be No. Then add a note of explanation that there was a misdemeanor as a teenager but it was expunged.

 

[mmaedelins]

I would call the Department of Banking & Insurance in your state and ask! I had to file harassment charges against someone who was threatening my family and, of course, she filed one against my family as well while I was going through the licensing process. I called the commissioner to ask what I should do as far as answering these questions. He was very nice in answering them and told me exactly what to do. The worst that could happen is you'll have to fill out additional paperwork and prove it was expunged. I believe it would be best to be honest and upfront then to let it bite you in the ass later.

Best of luck!

 

[Rainmakr]

I would call the Department of Banking & Insurance in your state and ask! I had to file harassment charges against someone who was threatening my family and, of course, she filed one against my family as well while I was going through the licensing process. I called the commissioner to ask what I should do as far as answering these questions. He was very nice in answering them and told me exactly what to do. The worst that could happen is you'll have to fill out additional paperwork and prove it was expunged. I believe it would be best to be honest and upfront then to let it bite you in the ass later.

Best of luck!

Your absolutely right. I want to be honest and upfront and would have been upfront about it 3yrs ago when I originally filled out the application to obtain my insurance license, however, I was instructed by my lawyer that I would never have omit that information because it was expunged.


- - - - - - - - - - - - - - - - - -

You state asks "have you ever been convicted of a misdemeanor"? That is kind of harsh if it be the case. Read the questions very carefull and see for sure if a "yes" answer would have been required.

If the record has truly been expunged, then it is not going to show up on a background investigation and you can quit worrying. Todd's example is a guy who just "thought" it had been expunged but that wasn't the case.. It was showing up in a background investigation.

You were spot on, thanks for the help along w/everyone else. After very carefully reviewing my states application you can exclude misdemeanors, however, if you're currently in the process of being charged you would have to disclose that information. Looks like I was worrying over nothing. It looks like even people who didn't have cases expunged and only had a misdemeanor wouldn't have to disclose that information.