Texas Life Insurance Licenses: Felony Restrictions?

Texas requires applicants for a life insurance license to submit to a fingerprint background check and disclose their criminal history on the license application. While it is possible to get a Texas life insurance license with a felony conviction, the state will consider the nature and seriousness of the crime, the applicant's conduct and work activity before and after the criminal activity, and the applicant's fitness to perform the duties and discharge the responsibilities of a licensed insurance agent.

Texas requires a fingerprint background check for insurance license applicants

The fingerprinting process typically involves submitting an initial application and intent to apply through the Texas Department of Insurance's (TDI) online application and fingerprint portal. Once the application is registered, applicants will receive a service code required to schedule a fingerprinting appointment with IdentoGO, an electronic fingerprinting service with locations across the country.

At the appointment, applicants must present a photo ID and payment. The fingerprints are then sent electronically to the DPS and FBI, and a receipt is provided, which must be attached to the TDI application.

In some cases, hard card ink fingerprints may be obtained from a criminal law enforcement agency, such as a Department of Public Safety office, sheriff's office, or police station. The completed fingerprint card, along with the required documentation and confirmation, must be mailed to IdentoGO.

The fingerprint background check is a standard requirement for most individuals applying for an insurance license in Texas. However, there are certain exemptions, as outlined in the Texas Administrative Code. For example, individuals residing in Texas who have an active license or registration and have previously submitted fingerprints are exempt from the fingerprint background check requirement.

While a felony conviction does not automatically disqualify an individual from obtaining an insurance license, it is essential to disclose any criminal history accurately and truthfully on the license application. The impact of a felony on the licensing decision may depend on the nature of the felony, with crimes of moral turpitude, such as fraud, dishonesty, or breach of trust, being more likely to affect an individual's eligibility.

Most states request full disclosure of criminal history on the insurance license application

In the US, most states require full disclosure of criminal history on insurance license applications. Texas is no exception. The Texas Department of Insurance (TDI) requires all insurance license applicants to submit fingerprints for a background check. This means that any fraud or felony charges may impact your eligibility for a Texas insurance license.

The background check is an important part of the licensing process, as it helps to ensure that licensees are honest, trustworthy, reliable, and fit to hold their positions. The process is necessary to maintain effective regulation of the insurance industry.

If you have a criminal record, you will need to disclose this when applying for a Texas insurance license. This includes providing certified copies of your indictments and judgments, as well as a statement of the circumstances for each offense. The insurance commissioner will typically only be concerned with felonies that are related to your ability to perform the functions necessary to work in the insurance industry.

Crimes that involve dishonesty or a breach of trust, such as robbery, theft, burglary, fraud, or breach of fiduciary trust, may prohibit someone from being licensed. Other considerations that may affect your ability to become licensed include the frequency of offenses, sentencing, and completion of rehabilitation.

It is important to be honest and provide full disclosure when applying for a Texas insurance license, as any issues that come up in your background check may slow down the licensing process. The TDI may contact you for an explanation if something comes up in your background check.

Some states make exceptions for certain convictions, such as traffic citations

Texas has specific guidelines for license applicants with criminal convictions. The Texas Department of Licensing and Regulation (TDLR) determines whether a criminal conviction disqualifies an applicant or warrants license suspension or revocation. The TDLR considers the nature and seriousness of the crime, its relation to the licensed occupation, and the applicant's fitness to perform the duties. Texas also has detailed guidelines for specific licensed occupations, outlining how different types of crimes may impact an applicant's suitability for a particular license.

It is important to carefully review the licensing requirements and guidelines for Texas and the specific occupation you are interested in before proceeding with your application.

The Texas Department of Licensing and Regulation (TDLR) determines whether a criminal conviction renders an applicant unsuitable for a license

The TDLR's Licensing Division runs a criminal background check through the Department of Public Safety (DPS) on each original license application and renewal application. If a conviction is found that could be grounds for license denial, the matter is referred to the TDLR's Enforcement Division for further review. An attorney is assigned to review the criminal conviction in detail and determine whether the license should be denied.

If the attorney concludes that the license should be denied, they work with an investigator to secure certified copies of the relevant criminal convictions and any other necessary information. The applicant is then sent a letter of proposed license denial, which outlines the convictions that form the basis for the denial, cites the relevant statutory authority, and informs the applicant of their right to request a hearing to challenge the proposed denial.

If the applicant requests a hearing, the matter is forwarded to the prosecuting attorney, who schedules the hearing as soon as possible. After the hearing, an Administrative Law Judge issues a Proposal for Decision, which the Commission of Licensing and Regulation considers when making the final decision on whether to grant or deny the license.

The TDLR's guidelines outline several general factors that are considered in all cases when determining whether a criminal conviction should lead to license denial:

• The nature and seriousness of the crime
• The relationship between the crime and the purpose of requiring a license for the occupation
• The potential for the license to provide an opportunity for further criminal activity of the same type
• The relationship between the crime and the ability, capacity, or fitness required to perform the duties and responsibilities of the licensed occupation

Additionally, when evaluating an applicant's fitness to perform the duties of the licensed occupation, the TDLR considers the following factors:

• The extent and nature of the applicant's past criminal activity
• The age of the applicant when the crime was committed
• The amount of time that has passed since the applicant's last criminal activity
• The applicant's conduct and work activity before and after the criminal activity
• Evidence of the applicant's rehabilitation or rehabilitative efforts during incarceration or after release
• Letters of recommendation from prosecutors, law enforcement officers, correctional officers, the local sheriff or police chief, and any other individuals who have been in contact with the applicant

The TDLR's guidelines also provide detailed information on how specific types of crimes relate to the various licenses issued by the department. These guidelines cover a wide range of occupations, including but not limited to insurance agents, adjusters, athletic trainers, auctioneers, barbers, cosmetologists, boiler safety inspectors, code enforcement officers, and many others.

While the TDLR's guidelines provide a comprehensive framework for evaluating applicants with criminal convictions, it's important to note that each case is unique and will be assessed on its individual merits. The TDLR has the discretion to consider crimes that are not specifically listed in the guidelines if they deem them relevant to the licensing decision.

In summary, the TDLR follows a thorough and detailed process to determine whether a criminal conviction renders an applicant unsuitable for a license. This process involves a review of the applicant's criminal background, consideration of various factors related to their fitness for the occupation, and an opportunity for the applicant to request a hearing and challenge a proposed license denial.

The Texas Department of Insurance (TDI) provides an online fingerprint portal for license applicants

The Texas Department of Insurance (TDI) provides a straightforward online fingerprint portal for applicants seeking a license, certification, or registration. This process is designed to be efficient and secure, utilising electronic fingerprinting services offered by IdentoGO, which has locations across the United States.

To initiate the process, applicants must first submit their initial application and indicate their intention to apply by completing the fingerprinting information section on the TDI online initial application and fingerprint portal. Once the application is registered, TDI will send a service code to the applicant's email address, enabling them to schedule their fingerprinting appointment with IdentoGO.

The fingerprinting appointment can be scheduled online by visiting the IdentoGO website, selecting "Digital Fingerprinting," entering the received service code, and clicking on "Schedule or Manage Appointment." Alternatively, applicants can call IdentoGO at 888-467-2080 to schedule their appointment and find a convenient location.

When attending the fingerprinting appointment, applicants should bring a valid photo ID and payment. Credit cards from major providers such as Visa, MasterCard, Discover, and American Express are accepted. Personal checks and cash are not accepted.

The fingerprints are then electronically transmitted to the Texas Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI) for a comprehensive criminal history background check. Applicants will not receive a printed fingerprint card but will be provided with a receipt upon completion of the appointment. This receipt is essential, as a copy must be attached to the application submitted to TDI, and the original should be retained for the applicant's records.

The TDI online fingerprint portal also accommodates applicants who require hard card ink fingerprints. In such cases, applicants can request a hard card by filling out an online form or calling IdentoGO and providing the service code received from the portal. After receiving confirmation from IdentoGO, applicants can proceed to obtain their fingerprints from a criminal law enforcement agency, such as a Department of Public Safety office, sheriff's office, or police station, using an FBI fingerprint card. The completed fingerprint card, bearing the signatures of the applicant and the official taking the fingerprints, along with the confirmation document, should then be mailed to IdentoGO. Again, applicants will receive a receipt that must be attached to their TDI application.

By providing a user-friendly online fingerprint portal, the Texas Department of Insurance streamlines the application process for aspiring licensees while ensuring the necessary background checks are conducted to maintain the integrity of the insurance industry.

Frequently asked questions