Getting a License with a Misdemeanor

[Shari10]

I know this is an old thread but I live in CA and want to chime in for fellow CA residents that are concerned about background issues. First off, I was licensed in CA back in 2012 with two prior misdemeanor convictions (a DUI in 2007 followed by reckless driving in 2009). The second conviction I expunged after I completed summary probation, however, I still had to disclose the expunged conviction per Penal Code Section 1203.4. I was granted my licenses after a slight delay due to an investigation (took 2 or 3 weeks longer than usual it seemed compared to other new agents I spoke to). Nonetheless, I was granted my licenses.

THEN... (I feel terrible about this) I picked up a second DUI in 2014, plead guilty, and was positive I would not be able to renew my licenses at that point. My insurance licenses expired Dec. 31, 2014. I had completed my continuing education prior to then, but I still had not paid my renewal fees (you actually have 1 year to pay so long as you pay the late fee). Long story short, another out of state agent convinced me to just submit the renewal application and low and behold it was approved within 2 days. So, in response to the earlier post which says something along the lines of "forget applying if you are in CA and have misdemeanors" - I'm living proof of someone who had 3 non-violent/non-theft or fraud misdemeanors; 1 picked up while actively licensed and I'm still able to go about being an agent. Something that's very important is YOU HAVE TO BE HONEST anytime you undergo a background check. The rest is on what the DOI and contracting agency you produce with thinks of you.

Hi Johnny,

I'm currently an insurance agent in California. I have never had anything in my background until recently. I'm going through a similar situation to yours, where I've been charged with fraud misdemeanor. I just want to ask about your old renewal in December 2014—Regarding your last incident in 2014, did you disclose that charge to the Department of Insurance within 30 days? Or at what point did you disclose the last incident that allowed you to renew your license in 2014?
I'm just afraid that if I disclose the charges right now, they might take action against my license. My renewal isn't due until January 2026. Please advise.

 

[DHK]

I'm going through a similar situation to yours, where I've been charged with fraud misdemeanor.

Let me help you: It can only get worse if you are not in compliance of background reporting requirements.

[EXTERNAL LINK] - AB2557 Questions & Answers

However, the link shows this (read it carefully):

Background Change Frequent Questions

What background changes must be reported?

• A misdemeanor or felony conviction;
• A filing of felony criminal charges in state or federal court;
• An administrative action regarding a professional or occupational license;
• Discharge or attempt to discharge, in a personal or organizational bankruptcy proceeding, an obligation regarding any insurance premiums or fiduciary funds owed to any company, or managing general agent;
• Any admission, or judicial finding or determination of fraud, misappropriation, or conversion of functions, misrepresentation, or breach of fiduciary duty.

Now, based on the wording of your post alone, you said "charged with fraud misdemeanor."

If you're being exactly correct and precise, then you have nothing to report yet.