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      10-24-2008, 11:21 PM   #1
samwoo2go
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Insurance License with a felony record?

so I am trying to get my life and health 52 hours license in California (LO & AH).

I am 25 right now, and when I was 20, I was arrested for assault and spend 9 months incarcerated. I ended up signing a plea agreement for...

1. Time served.

2. plead of guilty to 1 count of felony assault.

3. 3 years of probation.

(the rest were written into the plea agreement as a sure thing not a possibility)

4. After 1.5 years of successful probation the felony assault charge will drop to a misdemeanor assault charge.

5. After 3 years of successful probation, the misdemeanor assault charge will be expunged.

I went thru 3 years of successful probation so all of the above happened.

Now my lawyer told me at the time that after my record is expunged, its pretty much like a juvy record, it becomes obsolete. and I do not have to disclose to future employers that I had a felony charge if asked.

Now the question...

I was doing the insurance license application and it asked if I had ever been convicted of a felony? and explain the nature of the charge.
-Do I have to say yes or can I say no?

Under that question, there are fine prints that says the state of California prohibits anyone whos been convicted of dishonesty or breach of trust to hold an insurance license.
-If I say yes to the felony question because I am honest or required to do so. But then explains that it was an assault charge and not a dishonesty charge, and also explain that it was dropped to a misdemeanor and later expunged. Will they deny my license still because it was a felony charge, or would they not care because it wasn't a dishonesty or breach of trust charge?

Thanks guys

p.s. I did try calling my attorney but he didn't call me back. Maybe he don't remember me after half a decade.

p.s.s I didn't do it...

Last edited by samwoo2go; 10-25-2008 at 02:48 AM.
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      10-25-2008, 12:33 AM   #2
Rick
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I'm pretty sure you can answer "NO" to the "Have you ever been convicted of a felony" question if your record has been sealed/expunged. Also, you might want to get a copy of the following just to verify your criminal history:

1) California Livescan (search for scanning locations on Department of Defense website)

2) FBI record (typically the same scanning location as above)

You should definitely consult with another attorney for a second opinion. Also you should call the DoD and FBI and check with them.

Good Luck
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      10-25-2008, 01:27 AM   #3
samwoo2go
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Well I use to work for Wells Fargo, been a bank they obviously do a thru criminal background record check and I answered no on felony question and they never said anything.

Also as a kicker that I forget to add, on the application under the felony question there are also fine prints that basically says that you have to disclose your record even if you believe it to be later dismissed or expunged.

Are they bluffing just so you will say it, or is it for real?
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      10-25-2008, 02:07 AM   #4
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Expunged means expunged...agree with asking your attorney...but if you showed up in court at the expungement hearing, the judge should have told you the same...GL
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      10-25-2008, 10:51 AM   #5
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Just remember, if you say No and still get hired, if your employer finds out down the line that you lied on any part of the application that is grounds for dismissal at any point in time.
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      10-25-2008, 07:09 PM   #6
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wth did you hit a woman? you say no of course wtf?
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      10-25-2008, 07:12 PM   #7
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Quote:
Originally Posted by lauer87 View Post
Just remember, if you say No and still get hired, if your employer finds out down the line that you lied on any part of the application that is grounds for dismissal at any point in time.
I respectfully disagree...that is the whole point of an expungement...it is a do-over...and since the record is sealed, there should be no paper trail...but maybe a criminal lawyer can chime in
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      10-25-2008, 08:41 PM   #8
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you should get a job as a fluff guy... what did u do at wells fargo?
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      10-25-2008, 11:07 PM   #9
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Quote:
Originally Posted by mpimping View Post
wth did you hit a woman? you say no of course wtf?
why would you assume I hit a woman?

I was a teller
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      10-25-2008, 11:11 PM   #10
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Quote:
Originally Posted by ideliver View Post
I respectfully disagree...that is the whole point of an expungement...it is a do-over...and since the record is sealed, there should be no paper trail...but maybe a criminal lawyer can chime in
I'm aware of all that, but the OP mentioned wording below the question that also said something to the effect of "say yes even if you believe it was expunged or dismissed....".

I too doubt it would show on a background check, but these days you never can be too sure.
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      10-27-2008, 12:01 AM   #11
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Quote:
Originally Posted by samwoo2go View Post
why would you assume I hit a woman?

I was a teller
you one crazy mofo
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      10-27-2008, 01:45 AM   #12
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lol
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      10-27-2008, 07:16 AM   #13
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I always pegged you for a degenerate no-good-nik.

Find a new lawyer.
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      10-27-2008, 09:46 AM   #14
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I would answer it truthfully and note in the explanation that your record was expunged. I don't think it will look too good having a possible misrepresentation on an application for an insurance license. The question asks whether you've been convicted of a felony (you have); that your record is expunged doesn't mean that you weren't convicted. That the charge was reduced to a misdemeanor after 1.5 years of probation, it is possible that you could argue that you were ultimately convicted of misdemeanor assault and, thus, you marked 'No'. FWIW, the State of Florida will disclose that a record has been expunged, so the powers that be would know that you have at least been charged criminally.

With respect to the dishonesty and breach of trust thing, the reason that you may not obtain an insurance license if convicted of those crimes as, as an agent, you have a fiduciary duty that must be fulfilled. That said, that it specifies those offenses on the application, I would then assume that felony assault is not grounds to deny your license.

I would recommend checking your state statutes with respect to agent licensure and, perhaps, check to see how your state treats expungements or even call your state Department of Insurance and explain your situation.
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      10-27-2008, 07:18 PM   #15
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Quote:
Originally Posted by Icedog_16 View Post
I would answer it truthfully and note in the explanation that your record was expunged. I don't think it will look too good having a possible misrepresentation on an application for an insurance license. The question asks whether you've been convicted of a felony (you have); that your record is expunged doesn't mean that you weren't convicted. That the charge was reduced to a misdemeanor after 1.5 years of probation, it is possible that you could argue that you were ultimately convicted of misdemeanor assault and, thus, you marked 'No'. FWIW, the State of Florida will disclose that a record has been expunged, so the powers that be would know that you have at least been charged criminally.

With respect to the dishonesty and breach of trust thing, the reason that you may not obtain an insurance license if convicted of those crimes as, as an agent, you have a fiduciary duty that must be fulfilled. That said, that it specifies those offenses on the application, I would then assume that felony assault is not grounds to deny your license.

I would recommend checking your state statutes with respect to agent licensure and, perhaps, check to see how your state treats expungements or even call your state Department of Insurance and explain your situation.
he is dumb for even posting this here. they expunged it so it wouldn't mess up his life if he is telling the truth. just call a lawyer but I would just say no
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      10-27-2008, 08:12 PM   #16
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make sure you set your MySpace and Facebook profiles (if you have them) on private. They can be more damaging than a criminal record.
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      10-27-2008, 08:59 PM   #17
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OP got a felony for beating off too much...
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      10-28-2008, 12:09 AM   #18
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Hm.
Why would you want a such answer from here?
Interesting.
You think you could get a real answer here? Even if you could, I would only discuss this matter with my lawyers. Everyone is smart out here on internet but only few are actually educated.
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      10-28-2008, 01:47 AM   #19
samwoo2go
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well I just figured there got to be a few lawyers here on a bimmer forum, whatever the case, I think I know what im gonna do.
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      10-28-2008, 09:59 AM   #20
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http://www.liveleak.com/view?i=c89_1225026437

did u get your tints yet? I know somebody that is really good near you
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