You could get an insurance license with a felony in Texas, depending on the nature of the offense, how much time has passed, and whether you can show evidence of rehabilitation.
While a criminal history doesn’t necessarily disqualify you, some offenses, especially those involving fraud or dishonesty, are more likely to result in denial from the Texas Department of Insurance. However, demonstrating good moral character and compliance with legal obligations can strengthen your case.
If you’re concerned about how a felony might impact your application or current license status, working with a Texas insurance license defense lawyer can help you address challenges.
Factors Considered by the Texas Department of Insurance
A Texas professional license defense lawyer can help individuals with a felony conviction understand how the Texas Department of Insurance (TDI) evaluates applications and address the specific factors that may influence their eligibility.
The TDI carefully reviews each case to determine whether the applicant can be trusted to fulfill the ethical and fiduciary responsibilities of an insurance licensee. Key factors include:
- The severity and nature of the offense: The TDI assesses the seriousness of the crime and its alignment with the duties of an insurance professional. Felonies involving fraud, theft, or financial misconduct are particularly problematic, as they raise concerns about dishonesty and the integrity of individuals.
- The time elapsed since the conviction: How much time has passed since the offense or the completion of sentencing plays a significant role. Older convictions, especially when followed by evidence of good conduct, may carry less weight than recent offenses.
- Evidence of rehabilitation and character improvement: Applicants who can demonstrate rehabilitation are more likely to be approved. This may include completing probation, maintaining steady employment, engaging in community service, and providing letters of recommendation.
- Whether the crime relates to the responsibilities of an insurance licensee: Crimes that suggest dishonesty, financial irresponsibility, or unethical behavior are closely scrutinized. Offenses unrelated to the duties of an insurance professional may be less impactful on the TDI’s decision.
A Texas professional license defense lawyer can help individuals address the specific factors outlined in 28 TAC §1.503, which the Texas Department of Insurance uses to determine eligibility for licensure. Each case is evaluated individually to assess the applicant’s trustworthiness and fitness to hold a license.
How a Lawyer Can Help You Get an Insurance License With a Felony in Texas
A Texas insurance license defense lawyer assists individuals with a felony conviction who are seeking licensure. The application process can be complex, and any errors or omissions could result in delays or even denial.
An experienced attorney can provide guidance and advocacy at every step, including:
- Reviewing and preparing the application: A lawyer can carefully review the application to ensure its accuracy and completeness. They help applicants avoid mistakes, such as failing to disclose a conviction, which could lead to denial or disciplinary action.
- Advising on supporting documents and evidence: Demonstrating rehabilitation is often essential for approval. A lawyer can advise on which documents to include, such as letters of recommendation, proof of completed probation or parole, and evidence of personal growth, such as employment or community service. They can also assist in organizing and presenting this information effectively to the Texas Department of Insurance.
- Representation during hearings or appeals: If the license application is denied, a lawyer can represent the applicant during administrative hearings or appeals. They can present a compelling case, address concerns raised by the Texas Department of Insurance, and advocate for their client’s eligibility.
A lawyer can make a significant difference in facing the challenges of licensure with a felony conviction, helping applicants present their strongest case and improving their chances of a positive outcome.
Appealing a Texas Insurance License Denial
If a license application is denied due to a felony conviction, applicants have the right to appeal the decision through an administrative hearing. This process provides an opportunity to challenge the denial and present evidence supporting eligibility for a license. The appeals process involves several important steps:
Requesting an Administrative Hearing
After receiving notice of denial from the Texas Department of Insurance (TDI), the applicant must submit a formal request for a hearing within the specified deadline. Missing this deadline can forfeit the right to appeal.
Representation During the Hearing
During the hearing, a Texas insurance license defense lawyer can represent the applicant, presenting evidence, legal arguments, and testimony to demonstrate why the denial should be reversed. The attorney can also cross-examine any witnesses or evidence presented by the TDI to highlight inconsistencies or weaknesses in their case.
Possible Outcomes of an Appeal
The administrative judge overseeing the hearing will issue a recommendation based on the evidence and arguments presented during the hearing. Possible outcomes may include:
- Approval of the license
- Conditional approval with specific requirements, such as ongoing monitoring or restrictions
- Upholding the denial of the license
Appealing a denial requires careful preparation and a thorough understanding of administrative law. An insurance license defense lawyer in Texas can guide you through the hearing process and advocate for a fair decision.
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We Can Determine if You Can Get an Insurance License With a Felony in Texas
Obtaining an insurance license with a felony in Texas is challenging, but with the right approach, it’s possible to overcome the obstacles. For over 17 years, Bertolino LLP has been dedicated to helping individuals protect their professional licenses and advancing their careers.
Our attorneys can explain how you may get an insurance license with a felony in Texas, carefully guiding you through the process and advocating on your behalf. If you’re facing a license denial or have concerns about your eligibility, contact Bertolino LLP today.
Our experienced Texas professional license defense lawyers are ready to review your case, provide guidance, and fight for your future. Call our team now for a free consultation.
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