Handling Expunged Records: The Oregon Insurance Adjuster Licensing Conundrum

If you have an expunged conviction, you may still be able to obtain an Oregon insurance adjuster license. However, you must disclose your conviction on your application. The Division of Financial Regulation determines this on a case-by-case basis after evaluating many factors.

In Oregon, a criminal conviction does not automatically disqualify a person from getting a license. However, some offenses will require permanent review, and others require the conviction to be 5 or 10 years old.

It is important to note that failure to disclose disciplinary actions or crimes can be considered an attempt to obtain a license by fraud or misrepresentation and could result in the denial and/or delay in processing your application. Therefore, it is crucial to be truthful and accurate when filling out your application.

The federal statute that prevents people convicted of crimes of dishonesty from getting their insurance license

In the US, 18 U.S.C.A. §1033(e) (also referred to as 18 U.S.C. § 1033) is a federal statute that prohibits individuals with certain criminal convictions from engaging in the business of insurance. This statute is part of the Omnibus Crime Bill of 1994.

The statute states that any individual who has been convicted of any criminal felony involving dishonesty or breach of trust is prohibited from engaging in the business of insurance whose activities affect interstate commerce. This includes all acts necessary or incidental to the writing of insurance or the reinsuring of risks, as well as the activities of officers, directors, agents, or employees of insurers or other authorized persons.

Violating this statute carries penalties of a fine, imprisonment for up to 5 years, or both. However, a prohibited individual may obtain consent from an insurance regulatory official to engage in the insurance business. This consent must specifically refer to this subsection of the statute.

The statute also addresses insurance fraud, which includes attempting to gain financial benefits through false insurance claims. This can range from a false statement on an insurance claim to large-scale criminal enterprises. Insurance fraud is considered a serious offense by federal prosecutors and can result in lengthy prison sentences and harsh fines.

The Division of Financial Regulation's role in determining eligibility for an Oregon insurance adjuster license

The Division of Financial Regulation (DFR) in Oregon is responsible for regulating and overseeing the insurance industry in the state, including the licensing of insurance adjusters. Here is a detailed overview of the role of the DFR in determining eligibility for an Oregon insurance adjuster license:

Basic Requirements

To be eligible for an Oregon insurance adjuster license, applicants must meet the basic requirements set by the DFR. These include:

• Age: Candidates must be at least 18 years old.
• Mailing Address: Applicants must have a valid mailing address that is not a P.O. Box.
• Contact Information: A valid business email address and residential phone number are required.

Licensing Exam

While the DFR does not require a pre-licensing course, they mandate that applicants pass the Oregon Adjuster State Exam. The exam comprises 150 questions, and candidates must score at least 70% to pass. The DFR has designated PSI as the testing provider for this exam.

Fingerprinting and Background Check

The DFR, as part of the testing and application process, requires candidates to be electronically fingerprinted and to undergo a background check. Applicants can either have their fingerprints digitally scanned at a PSI testing centre in Oregon or schedule an appointment through FieldprintOregon.com using the code FPORDeptConsumerBusServDAS.

Application Submission

Once applicants have successfully passed the exam, they must submit their application for the adjuster license through the National Insurance Producer Registry (NIPR). The DFR then processes these applications and issues the licenses.

Continuing Education and License Renewal

The DFR mandates that resident Oregon adjusters complete 24 hours of continuing education (CE) every two years to maintain their license. Out of the 24 hours, 3 hours must be dedicated to Oregon Law Update. The DFR does not allow credit for the same course more than once in any CE reporting period, and excess CE hours cannot be carried over to the next compliance cycle.

In summary, the Division of Financial Regulation in Oregon plays a crucial role in determining eligibility for an insurance adjuster license by setting the requirements, overseeing the licensing exam, conducting background checks, processing applications, and enforcing continuing education and license renewal mandates.

The need to disclose an expunged conviction on an Oregon insurance adjuster license application

An expunged conviction may still need to be disclosed on an Oregon insurance adjuster license application. This is because the Division of Financial Regulation determines this on a case-by-case basis after evaluating many factors.

The federal statute prevents people convicted of crimes of dishonesty from getting their insurance licenses. However, this may not be the case for expunged convictions.

In Oregon, a criminal conviction does not automatically disqualify a person from getting a license. The Division of Financial Regulation determines this on a case-by-case basis after evaluating many factors. For example, there are some offenses that require a conviction to be five years old and some 10 years.

In addition, there are some offenses that will require permanent review (not 5 or 10 years) and Burglary I is one of them.

Therefore, it is important to disclose an expunged conviction on an Oregon insurance adjuster license application. This will allow the Division of Financial Regulation to make an informed decision about your application. Failure to disclose may result in your application being denied.

The consequences of failing to disclose an expunged conviction on an Oregon insurance adjuster license application

Failing to disclose an expunged conviction on an Oregon insurance adjuster license application can have several consequences. Firstly, it is essential to understand that a cleared conviction does not eliminate all adverse consequences or penalties associated with the original charges. While an expunged conviction may improve your chances of obtaining a license, failing to disclose it on the application can lead to significant issues.

Firstly, nondisclosure can cause substantial delays in the processing of your application. The reviewing authority may interpret the omission as an attempt to conceal relevant information, leading to a thorough investigation and prolonged evaluation of your application.

Secondly, failure to disclose an expunged conviction is considered falsification of the application. License applications are typically signed under penalty of perjury, and providing false or misleading information is grounds for denial. Even if your conviction is expunged, failing to disclose it truthfully can result in your application being rejected outright.

Moreover, the nature and severity of the original criminal charges play a crucial role. In some cases, the license application may still be denied, regardless of how well the applicant follows the rest of the application process or responds to background questions. Certain offenses, such as Burglary I, require permanent review and are subject to stricter scrutiny.

To increase your chances of obtaining an Oregon insurance adjuster license with an expunged conviction, it is advisable to seek legal advice. Licensed attorneys can provide specific guidance based on your circumstances and help you understand the factors considered during the evaluation process. They can also assist in developing a strong rehabilitation package to demonstrate your reform and meet the criteria for obtaining the license.

The possibility of obtaining an Oregon insurance adjuster license with an expunged conviction

An expunged conviction does not automatically disqualify a person from getting an insurance adjuster license in Oregon. The Division of Financial Regulation determines this on a case-by-case basis after evaluating many factors.

Application process

The application for an insurance adjuster license will include questions regarding the disclosure of criminal history. Applicants must disclose any previous convictions, including any convictions in an applicant’s adult life that are believed to have been expunged.

Factors considered

The Division of Financial Regulation will consider the following factors:

• The nature of the conviction
• The relevance of the conviction to the current role being held
• How long ago the conviction was committed

Offenses requiring permanent review

Some offenses will require permanent review, including Burglary I.

Rehabilitation package

If the conviction does not automatically disqualify the applicant, they will need to show a very good rehabilitation package and meet the criteria.

Other considerations

• The federal statute prevents people convicted of crimes of dishonesty from getting their insurance license. However, it is unclear if anything changes because of an expungement.
• The background check for an insurance license is very thorough and includes criminal offender record information from the FBI and the Federal Bureau of Investigation.

Frequently asked questions