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Reply to First Offender Applying for Ga License     
Old 08-16-2013, 11:07 AM   #21
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Originally Posted by b61mack View Post
Did you have to sign a consent order? You have disclose it to Texas, also you will have to disclose it to the insurance companies, Most will sign you, some won't.

Yea I did have to sign one but why do I need to disclose it to the insurance companies? They do not have access to government criminal records that are sealed.
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Old 08-16-2013, 01:09 PM   #22
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Norwayguy on First Offender Applying for Ga License
 
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First Offender Applying for Ga License
Originally Posted by mmcmichen View Post

Yea I did have to sign one but why do I need to disclose it to the insurance companies? They do not have access to government criminal records that are sealed.
There will be a question on the appointment application about criminal activity. Do not make the mistake of failing to disclose...Much better to disclose with a letter of explination than to not disclose and lose commissions and renewals when they find out.
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Old 08-16-2013, 01:36 PM   #23
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First Offender Applying for Ga License Re: First Offender Applying for Ga License mmcmichen is the thread starter for: First Offender Applying for Ga License

Originally Posted by Norwayguy View Post
There will be a question on the appointment application about criminal activity. Do not make the mistake of failing to disclose...Much better to disclose with a letter of explination than to not disclose and lose commissions and renewals when they find out.

Of the 16 Appointments I'm about to Apply for, 2 of them ask 'Have you ever been arrested or on probation?"

The rest simply ask have you ever been convicted of a felony. Under First offender law, I am not a convicted felon.

"The First Offender Act is Georgia’s “second chance” law. If someone has never been convicted of a felony, the court may sentence the person under the First Offender Act. A felony or a misdemeanor can be given first offender treatment but certain violent felonies and serious sex offenses are not eligible. First offender is not available a Driving Under the Influence (DUI) charge.

If you are sentenced as a first offender and you successfully complete the terms of your sentence, the court will discharge the case without conviction and the charge is removed from your official criminal history. You will not have a conviction for the offense and an employer cannot use the charge against you. But if you fail to complete your sentence successfully, the court may revoke first offender status and you will be resentenced. The revocation of the first offender status results in a conviction."

- See more - First Offender | Georgia Justice Project[/url]

So why would I disclose something that could potentially get the appointment denied for no reason. It works both ways. The system is unfair. If you don't have any knowledge of a situation like this and how it works, please don't give advice. I'm sure there is at least a few people that could find this thread useful.

I also have a dispute letter and instructions from the Georgia Justice Department if my record appears on any background checks. The record at the Clerks office shows 'Exoneration and Discharged.'
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Old 08-16-2013, 02:12 PM   #24
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First Offender Applying for Ga License Re: First Offender Applying for Ga License
Being confrontational is generally a recipe for failure.

Being denied an appointment or license is vastly better than facing criminal or civil penalties for fraud on an insurance license or company appointment.

For the licenses, I would definitely call and ask how you should answer the question and then document the answer and who gave it to you. Really, I would do the same with company appointments too. There are so many companies out there, someone will appoint you, so why risk losing it because they feel you were dishonest on their contracting paperwork?

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Old 08-16-2013, 04:31 PM   #25
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Originally Posted by VolAgent View Post
Being confrontational is generally a recipe for failure.

Being denied an appointment or license is vastly better than facing criminal or civil penalties for fraud on an insurance license or company appointment.

For the licenses, I would definitely call and ask how you should answer the question and then document the answer and who gave it to you. Really, I would do the same with company appointments too. There are so many companies out there, someone will appoint you, so why risk losing it because they feel you were dishonest on their contracting paperwork?
Fraud or civil penalties on an insurance license? The beginning of the thread I clearly stated that I disclosed the first offender discharge on my licensing Application.

I also clearly stated that not all of the appointments ask the question.. "Have you ever been arrested?" Some of them just ask "Have you ever been convicted of a felony?"

The answer to that question is no. The GBI, FBI and NIC all report a clear record to anyone requesting a criminal background check, except for a select few, State Insurance Departments being one of them.

Also, If I came off as confrontational I apologize.
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Old 08-16-2013, 08:19 PM   #26
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First Offender Applying for Ga License Re: First Offender Applying for Ga License
Originally Posted by mmcmichen View Post
Of the 16 Appointments I'm about to Apply for, 2 of them ask 'Have you ever been arrested or on probation?"

The rest simply ask have you ever been convicted of a felony. Under First offender law, I am not a convicted felon.

"The First Offender Act is Georgia’s “second chance” law. If someone has never been convicted of a felony, the court may sentence the person under the First Offender Act. A felony or a misdemeanor can be given first offender treatment but certain violent felonies and serious sex offenses are not eligible. First offender is not available a Driving Under the Influence (DUI) charge.

If you are sentenced as a first offender and you successfully complete the terms of your sentence, the court will discharge the case without conviction and the charge is removed from your official criminal history. You will not have a conviction for the offense and an employer cannot use the charge against you. But if you fail to complete your sentence successfully, the court may revoke first offender status and you will be resentenced. The revocation of the first offender status results in a conviction."

- See more - First Offender | Georgia Justice Project[/url]

So why would I disclose something that could potentially get the appointment denied for no reason. It works both ways. The system is unfair. If you don't have any knowledge of a situation like this and how it works, please don't give advice. I'm sure there is at least a few people that could find this thread useful.

I also have a dispute letter and instructions from the Georgia Justice Department if my record appears on any background checks. The record at the Clerks office shows 'Exoneration and Discharged.'
So how do you plan to answer those 2 appointments? Also it is true I can't read your appointment docs what I did was skim through a couple I have signed and find questions such as this

Have you ever been charged with or plead guilty to..
I won't type the whole thing out but the pertinant part being have you ever been charged not even asking if you were convicted.

I am also wondering if the question appears on the application for E&O. I wanted to check my own policy but it was completed online no copy of the application.

The other reason I mention this is and I know you did not mention Securities registrations but there is plenty of history of people not being fully forthcoming even when it might appear they do not need to disclose and I know FINRA does not screw around a person could end up with a 5 year or lifetime ban from the industry.
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Last edited by Norwayguy; 08-16-2013 at 08:34 PM.
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Old 08-16-2013, 08:57 PM   #27
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First Offender Applying for Ga License Re: First Offender Applying for Ga License
Originally Posted by mmcmichen View Post
Fraud or civil penalties on an insurance license? The beginning of the thread I clearly stated that I disclosed the first offender discharge on my licensing Application.

I also clearly stated that not all of the appointments ask the question.. "Have you ever been arrested?" Some of them just ask "Have you ever been convicted of a felony?"

The answer to that question is no. The GBI, FBI and NIC all report a clear record to anyone requesting a criminal background check, except for a select few, State Insurance Departments being one of them.

Also, If I came off as confrontational I apologize.
We aren't saying this to be a downer, but to help you. This is insurance, it is all about protecting against what if.

I stand by my earlier advice, don't try to be a lawyer. They probably want to know about ever. I would simply call every licensing department, because you are talking about non-resident licenses as well, and every contracting department and ask. Every single time I renew a license, resident or non-resident, I get asked the background questions. So just because you got a resident license is no guarantee you will get a non-resident. Now, generally non-resident licenses are rubber stamps: be current in your resident state and pay the fee and we'll give you one. But it may be different for you.

Also, being confrontational on the forum is one thing. Lots of us are, I know I can be. But go out of your way to be nice and friendly when talking to the DOI and carriers.

Remember, an ounce of prevention is worth a pound of cure.

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Old 08-17-2013, 08:40 AM   #28
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First Offender Applying for Ga License Re: First Offender Applying for Ga License
When you signed the consent order, it put a mark on your license, so it will show up when the insurance companies checks it. As an action against you. Just disclose it, and send a copy of the consent order. He should not be a problem getting appointed.
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Old 08-17-2013, 10:24 PM   #29
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Originally Posted by Norwayguy View Post
So how do you plan to answer those 2 appointments? Also it is true I can't read your appointment docs what I did was skim through a couple I have signed and find questions such as this

I won't type the whole thing out but the pertinant part being have you ever been charged not even asking if you were convicted.

I am also wondering if the question appears on the application for E&O. I wanted to check my own policy but it was completed online no copy of the application.

The other reason I mention this is and I know you did not mention Securities registrations but there is plenty of history of people not being fully forthcoming even when it might appear they do not need to disclose and I know FINRA does not screw around a person could end up with a 5 year or lifetime ban from the industry.

Yes, I get that Question on 2 of them, it's the same two and I planned on disclosing my record on those two, but now I'm just rethinking all of it and disclosing it on all of them.

I sell Med Supps so If I get denied certain carriers I cannot be competitive in my states.

I havent checked the E&O contracts yet

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Originally Posted by b61mack View Post
When you signed the consent order, it put a mark on your license, so it will show up when the insurance companies checks it. As an action against you. Just disclose it, and send a copy of the consent order. He should not be a problem getting appointed.
I will and I'm still worried about these three...


United Health Care
Mutual of Omaha
Aflac

I need those three or my career will be doomed before it begins
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Old 08-19-2013, 05:15 PM   #30
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Norwayguy on First Offender Applying for Ga License
 
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First Offender Applying for Ga License
Originally Posted by mmcmichen View Post

Yes, I get that Question on 2 of them, it's the same two and I planned on disclosing my record on those two, but now I'm just rethinking all of it and disclosing it on all of them.

I sell Med Supps so If I get denied certain carriers I cannot be competitive in my states.

I havent checked the E&O contracts yet

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I will and I'm still worried about these three...

United Health Care
Mutual of Omaha
Aflac

I need those three or my career will be doomed before it begins
Mutual of Omaha is not the end of the world just wait 6 months and apply to the new flavor of the month...United of Omaha as it seems they close blocks of business frequently.
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