Criminal Felony Background

[CGB86]

Hello Everyone,

I have come across some issues with my pestering criminal history, and I was hoping someone may be able to give me some useful information.

I have made countless calls and research and nobody will give me a direct answer.

I was charged with a 3rd degree felony 10 years ago and placed on probation for 4 years. The charges were withheld adjudicated and I plead no contest.

I read on Florida Department of Financial Services that there would be 15 year disqualifying period for my charge. However there is a "note" under the requirements that state that "aggravating and mitigating may change the true length of the disqualifying period but may be no less than 7 years". The disqualifying period begins to count down the day supervision or sentence is terminated.

Meaning that even though I was charged 10 years ago, because of the 4 years of probation, I've only deducted 6 years from the disqualified period.

I understand and I am aware of what I'm reading. It's just so incredibly frustrating to accept that something that I did when I was 18 years old (10 years ago!) Is going to prevent me from being able to accomplish something that I've worked so hard for.

I have an excellent job opportunity, I passed the course, I've studied countless hours, and I'm scheduled to take the state exam in 3 weeks.

Does anyone know if the board has the authority to overrule this requirement and grant me licensure? And if so, has anyone ever heard of an agent with a felony on his or her record?

Please help! Thank you.

 

[Winter_123]

Hello Everyone,

I have come across some issues with my pestering criminal history, and I was hoping someone may be able to give me some useful information.

I have made countless calls and research and nobody will give me a direct answer.

I was charged with a 3rd degree felony 10 years ago and placed on probation for 4 years. The charges were withheld adjudicated and I plead no contest.

I read on Florida Department of Financial Services that there would be 15 year disqualifying period for my charge. However there is a "note" under the requirements that state that "aggravating and mitigating may change the true length of the disqualifying period but may be no less than 7 years". The disqualifying period begins to count down the day supervision or sentence is terminated.

Meaning that even though I was charged 10 years ago, because of the 4 years of probation, I've only deducted 6 years from the disqualified period.

I understand and I am aware of what I'm reading. It's just so incredibly frustrating to accept that something that I did when I was 18 years old (10 years ago!) Is going to prevent me from being able to accomplish something that I've worked so hard for.

I have an excellent job opportunity, I passed the course, I've studied countless hours, and I'm scheduled to take the state exam in 3 weeks.

Does anyone know if the board has the authority to overrule this requirement and grant me licensure? And if so, has anyone ever heard of an agent with a felony on his or her record?

Please help! Thank you.

I know that I am stating the obvious here but that is not necessarily a bad thing:
You need to consult with an attorney and discuss this. Florida has this "withheld adjudicated" thingy/provision in its statutes. But what does the insurance license ask? Does it ask if you were ever convicted of a felony or if you ever plead nolo? The whole frigging purpose of that withheld adjudicated option is to that a person can do some kind of probation or whatever but then no conviction is ever entered into the record if they complete it. That's what it is all about.

Talk to a lawyer bro. No one here has the answer or is up to speed on Florida law. Maine law says you can't possess a weapon if you had a felony conviction. A guy I know has been hunting for years and wanted to clear that up. It cost him so about three grand in attorney fees but they petitioned the court to set the original conviction aside and "fixed" it. The point is make sure you actually have a conviction within the meaning of the statute before trying to fix the back end. I know I am repeating myself but the whole purpose of "withheld adjudication" is to keep a permanent conviction off a persons record. Did I mention that you need to talk to a lawyer?

Good luck. Keep on the straight and narrow path.

Winter