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Last Post 10/29/2007 9:23 PM by  okclarryd
25 yr old felony conviction, problem for Texas Adj App?
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turbocycle
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09/22/2007 10:03 PM

    Just wondering if anyone has any feedback for me on this?

    I have a 25 year old felony theft conviction that was for a few hand tools -- shouldnt have been close to a conviction but had court appointed attorney at the age of 18!   Well anyway, wondering if I could get the Texas adjuster license with such a record?  I know I can explain it all when I submit the app but wondering if anyone on here has been denied for same reason?

    Think my 20 years in management which included carrying keys and being issued alarm passes for several multi-million dollar retails stores during my career would be convincing enough for the state of TExas 

    I would appreciate your feedback.

    GOD BLESS

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    leonard.deborah
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    09/22/2007 10:10 PM

    In all honesty, I really do not know.  However, I do know that you will never succeed if you don't try. 

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    Buford Gonzales
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    09/22/2007 11:31 PM
    TDI will have you get some references and a letter from the local Sheriff. You should be able to get your license. but it will take an effort and some time.
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    stephie76
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    09/23/2007 12:31 AM

    I'm not sure if they will give you a license or not. I know that on the application I read that you could not have ANY felonies.

    I used to be a fraud investigator and something you said struck a chord with me. So you think it's not a big deal to steal? "Just a couple of hand tools"?

    As an Adjuster you are required to have ethics. Does this mean you wouldn't have a problem with "taking just a few hundred dollars"? At what point do you draw the line? At what point is it not ok to steal since you think the power tools are no big deal?

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    TxCatMan
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    09/23/2007 1:16 AM

     

    ooops!

     

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    jlombardo
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    09/23/2007 7:13 AM

    Pat,
    I am with Deborah.....Take the time and drive to the Insurance Commissioners office and discuss it with them.....then you will know first hand.......and I think that the effort put forth to physically go there will speak volumes for you....

    Stephanie......if you are going to quote someone, be accurrate...nowhere in Pat's post does he or she say "Just a few hand tools"........I think that your years as a fraud investigator has tainted your outlook...one indiscretion does not mean that this person has no morale or ethical fiber......his crime was against property and he was young.........

    Stephanie....have you ever taken an other than honest or exact deduction on your income tax??? Intentional sped when no cop was around??? Run a red light???Got behind the wheel after a couple of drinks and drove home justifying that you were okay and only a mile from home????

    Let he who is without sin cast the first stone........

    Stephanie, we are adjusters, and what we do is adjust claims......that's it......

    Just my .02

    Pat--you go for it....

    Joe L.

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    JimGary
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    09/23/2007 11:12 AM
    Lets not through Pat under the bus yet. I also made a gigantically stupid move when I was about 16. No conviction, but I was sentenced to many months of "heck" from my father. A sentence from a judge would have been much easier to take. Pat, just be sure to fully disclose your situation, and also realize that a vendor may do a background check on you.

    JWG
    I know the voices aren't real, but sometimes they're right!
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    claims_ray
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    09/23/2007 11:31 AM

    I was originally denied my Texas Adjuster's license just because of a Public Intoxication charge when I was 18. I thought that this was outrageous as I was allowed to hold a Peace Officer License in the State of Texas but not an Adjusting license. Off of the top of my head the reason described was "a moral turpitude violation" and also "failure to disclose" which was bogus as I had sent them a certified copy of my disposition. There was and is no reason for my denial so I appealed and was then issued my license. However I feel that, based on the below referenced material, there is no reason that the Texas Department of Insurance would ever issue a license to anyone convicted of a felony let alone any conviction of a theft.

    § 4005.101. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
    ACTION.
    (b) The department may deny a license application or
    discipline a license holder under this subchapter if the department
    determines that the applicant or license holder, individually or
    through an officer, director, or shareholder:
    (5) has engaged in fraudulent or dishonest acts or
    practices;
    (8) has been convicted of a felony;

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    Tom Toll
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    09/23/2007 12:31 PM

    Only TDI can answer Pat's question. My advice would be to be honest and make the trip to TDI to discuss this with them. We have all made mistakes in our younger years and should not have to pay for them the rest of our lives. People change with maturity and time and should they be penalized for mistakes made in their younger years, no. Take many references with you and recommendations from present and past employers.

    Joe Lombardo had the correct answer. When I was 16, I was stopped while driving with a friend and had consumed one beer. The Chief was a cousin of mine and did the right thing. He parked Dads truck, took me to jail, and called my parents. They also did the right thing, they left me in jail over the week end. As a result of that punishment, I never became a heavy drinker and to this day drink very, very little. Should I be ostrasized for being stupid at age 16, of course not. My punishment was digging out and clearing sewer ditches in the small town we lived in. 60 hours of this made a better person on me, of course at the time I thought my parents were horrible to do this to their son. It was a life learning experience.

    Success is not final, failure is not fatal: it is the courage to continue that counts.
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    claims_ray
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    09/23/2007 12:57 PM
    I can agree with all Tom on being stupid as a youth, however unless Pat gets his conviction expunged or a pardon I just see no exceptions being allowed under 4005.101.(b).(8). He might have better luck going for the expunge, although it might cost him a pretty penny.

    I am making no judgments about Pat or any others convicted of a felony. I too as many others have had my share of youthful idiotic transgressions.
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    turbocycle
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    09/23/2007 3:58 PM

    Good afternoon,

    I want to thank many of you for the encouragement and kind words as I start my journey to get licensed.

    Let me give a little info on what got me the "conviction" -- I'm in my car (18 years old), the passenger gets out, goes in a garage to grab a small tool box, the home owner comes out and the passenger runs back to my car, the home owner said he's calling the cops, I stay put knowing that's what I should do.  Cops show up and take us both to jail, charged us with theft/larceny.  The theft never happened but the intent was there when the passenger went in the garage but I had no money for an attorney so I pled out with 5 years probation (in 1981) and got out of jail days before Christmas.  I succesfully complete my probation and went on to have a very rewarding career as a manager for 2 large companies known world wide.  I can go on and on about how I've been a very productive member of society helping those that are having problems much like I did as a teenager but that's not my point here...  Then in 2003 I GET A FULL PARDON from the Governor after much hard work and completing documents outlining my life!  I should have paid the 2,000 to get the record expunged but I haven't -- now that getting the expunction may help in my journey to get the licensed I guess I'll do it if that is what it takes.       Any comments about a pardon being enough from those that would have first hand knowledge about the process with Texas Dept of Insurance?

    Now to address the point that one person made about me discounting the stealing of some hand tools -- perhaps I could have provided more info about why I commented on it being a few hand tools.  You see, I was in the wrong that day but no tools were taken yet I get convicted because a court appointed attorney tells me to just plead, get the probation and go home.  Again, I was wrong that day, but tools were not stolen.  I read the court docs many years later and they listed 2 socket sets, 3 hammers and one screwdriver set as the stolen property.  In 1981, and many brands today, these items would not equal the $500 needed to get you a felony.  Let me be clear to the one that seems to believe that I'm saying it is okay to steal small things -- IT IS WRONG TO STEAL, PERIOD.  As a maager I have teminated employees for stealing, caught shoplifters etc, IT IS WRONG TO STEAL.

    I made a mistake, paid the price and over 25 years have proven I live w/i the law.  The Governor granted the pardon and some experts in the field believe that as long as I disclose the facts and provide a copy of the pardon, the license should be granted.  Again, feedback from those that know about this process is welcomed please.

    Again thanks to those that are encouraging me, I appreciate all the feedback, good and bad. 

    Too GOD be the glory.

    In prayer, your friend.

     

     

     

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    turbocycle
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    09/23/2007 4:04 PM

    Forgot a few things:

    1) I called TDI twice and asked them about getting the license with the conviction and was given a standard answer twice -- send in the court docs, all the details and copy of the pardon.  They take these situations on case by case bases.  Is this the way to get the answer?  Will they meet with me in person?

    2) If the record is expunged, do I need to disclose the criminal history?

    GOD bless

     

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    okclarryd
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    09/23/2007 6:41 PM
    Well, not given

    When the job app asks if you've ever been convicted of ................ I would think you need to tell the truth.

    And, as an aside, if you have been so successful with these other companies, why the career change?

    As my granddaddy told me, "You need to ride the horse that got you this far"
    Larry D Hardin
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    claims_ray
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    09/23/2007 7:29 PM
    I would think that with a pardon the conviction is non existent. What has your lawyer advised you of as far as disclosure? Does this still appear on your criminal record? I personally would still disclose, send in all pertinent information and if need appeal. I have never personally known anyone who has obtained a pardon so I am unaware of the disclosure rules. Congratulations on the pardon. Good luck in your endeavors.
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    turbocycle
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    09/23/2007 7:42 PM
    Larry -- the adjuster job would be with the same company, just another dept. Will not discuss reasons for the change, let's just say being home more than 30% of the time is my goal!

    Ray -- All the info I've read says one is not required to disclose the conviction once it has been expunged. Only law enforcement can access the record, one releasing criminal history that is sealed or should have been sealed is a crime. Finding out it was done might be a challange. I'll be in touch with my lawyer to get the expunction process started and will ask about the disclosure when filling out an app.

    Any other feedback on getting the license with a felony conviction and full pardon is appreciated. And on being able to meet with the Texas Dept of Insurance.
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    Medulus
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    09/24/2007 12:11 PM

    For anyone who has ever heard Bill Cosby's "Parenthood" routine, he got it right.  Teenagers do indeed have "brain damage". 

    Parental question:  Why did you do that, son?  What were you thinking?

    Teenage response:  "I don't know."

    I would hate to be judged now on what I did as a kid.  Though our nation seems to believe in judgement more than it believes in grace these days, I would follow up with the licensing procedure if and only if you really believe you are called to this work.  (This is a real bad time to get into the business for immediate gratification and income.)  It is quite likely you will be run through the ringer.  And you may or may not ultimately be granted the license.  The pardon should go a long way.  Make sure you don't hide anything in the application because the government knows more about us than we know about ourselves, and everything they know is negative. 

    Then, my advice is that you use $2000 of the first money you make to get your record cleaned up.

    The real crime may be all the folks out there running around fully licensed as a result of their three day adjusting course and vast six week experience handling Katrina/Rita claims.

    Steve Ebner CPCU AIC AMIM

    "With great power comes great responsibility." (Stanley Martin Lieber, Amazing Fantasy # 15 August 1962)
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    jamesbarlow
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    09/24/2007 4:07 PM
    Pat, as long as you are honest on your application and submit all of the information regarding your pasrticular case to TDi with a letter explaining exactly what happened, they will be as fair as you would ask. The licensing application states that as far as felony convictions go, as long as there is not a felony conviction for fraud or theft from a financial organization, then you have a chance. The important thing is that you have matured from your earlier days and have lived your life in a positive manner. If you are comfortable with your place in life and can explain it that way to the people who make the decisions, then you more than likely will not have anything to worry about. Remember one thing though, just because you get a license, doesn't mean that a company will hire you to work claims for them if you do not pass the background check. The company still has the last word on if you will be hired or not so I wish you the very best in your efforts to becoming the licensed professional you are wanting to be.
    Never under estimate the power of momentum.
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    Adjuster Applicant
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    09/24/2007 9:15 PM
    Thanks once again for the kinds words and encouragement.

    I'll be totally honest on the app, I wouldn't do it any other way. All the problems happened 25 years ago and I have been a responsible adult for many many years. Honesty it the best policy.

    The attorney is starting on the expunction this week so it will all be deleted and a nonissue soon. Too GOD be the glory.

    Thanks again for all the help/advice/encouragement. Any other comments are welcome.

    I was unable to login so some reason, so I had to re-register. Hope my posting wasn't taken wrong and got me booted...?

    GOD bless

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    stephie76
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    09/24/2007 9:26 PM

    I apologize for my first impression of your situation. I do have to warn you, so far it has been a pretty dry season. Not much work out there. I wouldn't quit a paying job right now to jump into being an IA if I were you.

    Good luck!

    Steph

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    okclarryd
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    09/26/2007 9:37 PM
    Not Given,

    Thanks for your response and I wish you well. We have all made misteaks in the past. Sometimes they follow and sometimes they don't.

    I'm with you 100% for the staying home deal. It hasn't worked real well for me so far, but..................

    Obviously you've been doing something right all these years and just keep doing what you've been doing and it'll work out.

    As the saying goes, "If God leads you to it, He'll lead you through it."

    Happy Trails
    Larry D Hardin
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