How to Renew Your Insurance License with a Criminal Background Part 1: Alabama through Georgia
This post is part of a series sponsored by AgentSync.
Insurance licenses can be hard to get and keep, even for those with the most pristine backgrounds. So, what’s an insurance producer to do if they find themselves in the unfortunate position of being up for license renewal with a change to their criminal history?
Ironically, even going from having a criminal record to not having one can cause a problem for insurance licenseholders (see our coverage of Michigan’s Clean Slate law and the challenges of automatic criminal record expungement). However, more commonly, someone with an insurance license may get involved in the criminal justice system and have new charges or convictions to report.
To be clear, a producer in this situation shouldn’t wait until their next renewal to report the change in their criminal background to every state they’re licensed in. Every single state requires producers to inform them within 30 days of new charges, convictions, or administrative actions – although the specifics of how to do that change state to state.
To say that each state handles this a bit differently shouldn’t surprise anyone. So, please remember that this article isn’t a substitute for legal advice! We’ll try, however, to briefly outline what each state expects an insurance licenseholder to do if they have a new criminal record when it comes time to renew their license.
At first glance, you might think there’s a simple answer to the issue of how an insurance agent needs to proceed with their license renewal if they’ve got a new criminal history to report. That’s because there’s actually a federal law called 18 U.S.C. 1033 that governs “crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.”
This law declares that it’s a federal offense for someone who’s been convicted of a criminal felony consisting of dishonesty or a breach of trust to conduct insurance-related business without the written consent of their resident state’s insurance regulator. Thus, to get permission to work in insurance, someone with this kind of criminal history (theoretically) needs a 1033 waiver from their resident state’s insurance commissioner (and often from their nonresident license states as well).
It sounds straightforward, at least until you start asking which crimes specifically involve dishonesty and breaches of trust (there’s no official, comprehensive list). And it becomes even murkier when you look at how each state interprets and enforces this federal rule.
Just a few examples include:
- Florida: The state doesn’t grant 1033 consents. Therefore, someone with a criminal history involving dishonesty or breach of trust can’t hold a Florida insurance license, period.
- Alabama: The state has a proprietary form on which a producer must report any and all new criminal charges and convictions. Using this form, Alabama decides whether the producer needs to apply for a 1033 consent, and whether or not to grant one.
- Alaska: This state seems to leave the judgment call to the producer as to whether their crime qualifies as one that needs a 1033 consent. If you think you need one, you have to apply for one. If you don’t think you need one and proceed selling insurance, and the state has a different opinion about your conviction, you’re going to be in hot water!
With the understanding that, specifically for felonies related to dishonesty and breaches of trust, there’s this whole other can of worms, what about other charges and convictions? For the purposes of this article, we’ll summarize our findings of each state’s stance on what an insurance license holder is required to do if – after already holding an insurance license – they get charged with or convicted of a new crime*.
*Remember, we’re talking about crimes that don’t fall under the need for a 1033 waiver. However, you’ll see plenty of mentions of the 1033 waiver because, often, the state wants all the information before determining if one is required.
Before we dive into how each state deals with producers reporting new criminal activity in their backgrounds, it’s also relevant to note that the National Association of Insurance Commissioners (NAIC) deals with this in its Producer Licensing Model Act (PLMA). While this is model legislation, and not a law, many states use it – or at least base their own laws on the NAIC’s model.
According to Section 17 of the PLMA, a producer must report any new criminal and administrative actions taken against them by any state, jurisdiction, or governmental agency within 30 days. While each state may interpret or implement this in its own way, many states base their criminal history reporting procedures on the model legislation.
One thing that doesn’t change state to state is the requirement to report within 30 days. If you take nothing else away from this article, know that you’re better off reporting any new charges, convictions, or administrative actions to your resident and nonresident license states as soon as possible. Each state allows the producer to provide context surrounding the charges or convictions for consideration. Few states have hard and fast rules that immediately disqualify a producer.
With 50 states plus the District of Columbia to cover, we’ve divided this topic into a series. This article covers Alabama through Georgia, and you can click the state below to jump directly to it. Watch out for more states coming soon!
Alabama | Alaska | Arizona | Arkansas | California | Colorado | | Connecticut | Delaware | Florida | Georgia
According to the Alabama Department of Insurance, “Conviction of any felony can be a ground for denial, non-renewal, suspension, or revocation of a license.”
So that the Alabama Insurance Commissioner can determine whether to grant or renew an insurance license, anyone with a criminal charge or conviction has to complete the state’s “Criminal History Disclosure Form.” The insurance commissioner then uses the detailed information collected in this form to decide whether to “grant, renew, or allow retention of a license; to decide whether written consent under 18 U.S.C. § 1033 is required; and to decide whether to grant written consent for purposes of 18 U.S.C. § 1033, if required.”
Alabama requires the insurance license holder to report any new arrests, charges, convictions, administrative actions (and other changes in legal status, all of which can be found in Ala. Admin. Code r. 482-1-054-.03) within 30 days. This includes any of the aforementioned events whether they occurred in the state of Alabama, or elsewhere.
The Alabama laws are pretty specific: Having a felony conviction can be a disqualifying factor for working in insurance, while misdemeanors aren’t (necessarily). You still have to report misdemeanor charges and convictions, along with legal troubles classified as administrative actions, but it appears less likely you’ll be denied an insurance license renewal because of them.
Alabama’s take on this is all about reciprocity. If you’ve received a 1033 waiver from your resident state, or if your resident state has determined that no 1033 waiver is required for you to keep working in insurance, then Alabama will generally honor that decision as long as your state also has a policy of reciprocating Alabama’s determinations on this matter when it comes to its resident producers in the other state.
It won’t surprise you, though, that you still need to complete Alabama’s Criminal History Disclosure form to start the process of reciprocity for your resident state’s 1033 waiver or its determination that none is required.
According to Alaska’s Division of Insurance, “If you have a misdemeanor, felony or other criminal offense on your record, qualifying for a license will be determined on a case-by-case basis.” Assuming you already had your Alaska insurance license when the new charge or conviction happened, you’re required to report it within 30 days of it being filed. For administrative actions, Alaska says you’re required to report it “within 30 days of the final disposition of the action” and reporting can be via mail, email, or uploading to the NIPR Attachments Warehouse – Reporting of Actions. Email correspondence from the Alaska DOI also clarifies that the state requires military convictions to be reported just like criminal and civil convictions.
To fulfill Alaska’s reporting requirements, use the online NIPR Attachments Warehouse – Reporting of Actions. The state also imposes late fees if a licensed agent reports a criminal charge, conviction, or administrative action beyond 30 days of its filing. These fees range from $50 for the first 60 days (after the deadline) to $200 for reports submitted more than 120 days after the deadline.
Alaska requires licensed insurance agents to report all crimes (both charges and convictions), including misdemeanors, except for a few specific types of misdemeanors.
In Alaska, you do not have to report:
- Misdemeanor traffic citations
- Misdemeanor driving under the influence (DUI) or driving while intoxicated (DWI) offenses
- Driving without a license, reckless driving, or driving with a suspended or revoked license
- Misdemeanor offenses adjudicated in a juvenile court
Source: https://www.commerce.alaska.gov/web/ins/Producers/CriminalOffense.aspx
Nonresident producers who need a 1033 waiver must submit a copy of their signed waiver from their resident state to Alaska, although the state still reserves the right to make its own determination on whether to grant it.
For all other crimes that don’t fall under needing a 1033 waiver, Alaska wants nonresident producers to follow the same procedure as resident producers, and the state will make an independent decision about whether to allow someone to keep their nonresident license.
In Alaska, an insurance producer with a criminal history isn’t the only one who can get into trouble. With specific regard to those special types of crimes that involve dishonesty or breach of trust (the type requiring a 1033 waiver), Alaska says:
Any person allowing an individual with a felony conviction involving dishonesty or breach of trust to work in any capacity in an insurance entity, prior to obtaining consent, is in violation of federal and state law and subject to administrative action and federal and criminal sanctions
Source: 18 U.S.C. § 1033, 18 U.S.C. § 1034, AS 21.36.355
Arizona doesn’t have comprehensive online documentation for how a producer should go about reporting new criminal background information. However, according to correspondence with the Arizona Department of Insurance and Financial Institutions Insurance Licensing Section, Arizona’s procedures are in line with the NAIC’s PLMA for reporting new criminal actions.
This means Arizona requires all producers, both resident and nonresident, to “report to the commissioner any criminal prosecution of the producer taken in any jurisdiction,” within 30 days. Arizona doesn’t require this information in a particular format; documents just need to be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The information a producer must submit includes the initial charging document and other relevant hearing documents.
Arizona requires producers to submit the same information regardless of the classification of the crime. Producers with an Arizona insurance license should assume this applies to felonies, misdemeanors, and administrative actions alike.
Arizona treats nonresident producers exactly like resident producers in this respect. If you’ve got a nonresident Arizona license, follow the same procedures to report your new charges or convictions within 30 days by uploading documents to the NIPR Attachments Warehouse – Reporting of Actions.
The Arkansas Insurance Department follows Section 17 of the NAIC’s PLMA for reporting new criminal actions. The state’s version, found in Arkansas Code Section 23-64-517(b) requires all producers, both resident and nonresident, to “report to the commissioner any criminal prosecution of the producer taken in any jurisdiction,” within 30 days.
Arkansas doesn’t require this information in a particular format; documents just need to be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The information a producer must submit includes the initial charging document and other relevant hearing documents.
Specifically, the Arkansas Department of Insurance advises producers to make sure they upload:
For misdemeanors:
- A statement regarding the events that led to the charge
- The resolution document that shows all stipulations of the court were met (these are usually fines)
For felonies:
- A statement regarding the events that led to the charge
- Charging documents such as an indictment from the prosecutor
- Sentencing order (note: if adjudication hasn’t been completed, you won’t have this)
- The resolution document that shows all stipulations of the court were met (note: if adjudication hasn’t been completed, you won’t have this)
Lastly, the Arkansas DOI suggests that any producer attempting to report a new criminal background by uploading to the NIPR Attachments Warehouse – Reporting of Actions should also email insurance.license@arkansas.gov to let them know you’ve uploaded them.
Arkansas’s rules apply to all crimes, including misdemeanors and felonies. Everyone should follow the procedures outlined in the previous section, and Arkansas didn’t note any exceptions to types of crimes that need to be reported.
Arkansas’s rules apply to resident and nonresident producers alike. Going through this process in one’s resident state doesn’t excuse a producer from following Arkansas’s process as well. In the case of a crime that triggers the need for a 1033 waiver, the producer will need to get this from their resident state first, then provide it to Arkansas for consideration.
According to California Insurance Code Section 1729.2, an insurance producer who has a change in their background must report the change within 30 days using California’s Background Information Change Disclosure Form.
There are additional forms depending on whether the person completing it is an individual, a business entity, director or officer of a business entity, or other role. Read more details here.
California classifies a wide range of circumstances as changes in background information, all of which it requires someone to report to the Department of Insurance.
Background information to be reported within 30 days includes any of the following:
- A misdemeanor or felony conviction;
- A filing of felony criminal charges in state or federal court;
- An administrative action regarding a professional or occupational license;
- Discharge or attempt to discharge in a personal or organizational bankruptcy proceeding, an obligation regarding any insurance premiums or fiduciary funds owed to any company, including a managing general agent or premium finance company; and
- Any admission, or judicial finding or determination, of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary duty.
Source: https://www.insurance.ca.gov/0200-industry/0200-prod-licensing/0100-applicant-info/0500-background-change/0100-ab2557-overview/background-disclosure-form.cfm
California maintains that it considers each person’s background on a case-by-case basis and there are no hard and fast rules about who’ll be granted a license renewal and who won’t. With that in mind, California does require producers to report new misdemeanor convictions (note: the state doesn’t require you to report misdemeanor charges, while it does require you to report felony charges).
California law states “any and all resident and nonresident producer licensees and applicants who intend to transact in the business of insurance” as well as “unlicensed officers, directors, and controlling persons” are required to use the Background Information Change Disclosure Form to report changes in background within 30 days.
If you’re a producer with a nonresident California license, and you’ve been charged with or convicted of one of the crimes that warrants a 1033 waiver, you need to provide California with the written consent of your resident state before trying to get the same from California. California does caution, however, that it doesn’t automatically reciprocate the 1033 waiver from your resident state.
In California, an insurance producer with a criminal history isn’t the only one who can get into trouble. With regards specifically to those special types of crimes that involve dishonesty or breach of trust (the type requiring a 1033 waiver), California says:
Further, it is a criminal offense for any person to willfully employ, or willfully permit, such “prohibited persons” to participate in the business of insurance without the required written consent. A “Prohibited Person” may be an officer, director or employee of an insurance agency or an insurance company, an agent, solicitor, broker, consultant, third party administrator, managing general agent, or subcontractor representing an insurance agency or insurance company who engages in or transacts the business of insurance.
Source: https://www.insurance.ca.gov/0200-industry/0200-prod-licensing/0100-applicant-info/0600-1033-application/index.cfm
According to Colorado law, CO Code § 10-2-801 (2022), “The commissioner may place an insurance producer on probation; suspend, revoke, or refuse to issue, continue, or renew an insurance producer license; order restitution to be paid from an insurance producer; or assess a civil penalty” for a variety of reasons. Several of these reasons include being convicted of a misdemeanor or felony “involving moral turptidude,” along with administrative actions and convictions for insurance fraud.
Like other states, Colorado allows 30 days for a licensed producer to report new criminal history. Specifically:
“Within thirty days after the initial pretrial hearing date, a producer or business entity shall report to the commissioner any criminal prosecution of the producer in any jurisdiction. The report shall include a copy of the initial complaint, the order resulting from the hearing, and any other relevant legal documents”
Source: https://law.justia.com/codes/colorado/2022/title-10/article-2/part-8/section-10-2-801/
Colorado doesn’t specify how a producer is supposed to report these items, however it would be a safe bet to upload them to the NIPR Attachments Warehouse – Reporting of Actions.
Colorado’s law calls for producers to report “any criminal prosecution of the producer in any jurisdiction,” which logically includes misdemeanors. It may not include traffic citations, or other violations that aren’t considered criminal prosecution; however, without clear direction from the Colorado DOI, we can’t say for sure.
Colorado’s law makes no distinction between resident and nonresident producers when it comes to reporting criminal charges and convictions. Given that the state requires reporting criminal prosecutions in any jurisdiction, we believe nonresident producers need to report to Colorado any criminal charges and convictions that occur in any state.
Colorado is very explicit in its law that the insurance commissioner may revoke a producer’s license for a number of reasons involving bad behavior (not just criminal convictions). It also allows for a producer to voluntarily surrender their license if they’re in this situation and want to avoid license revocation and other disciplinary actions. The law is also clear that once this happens, whether revoked or voluntarily surrendered, the producer isn’t eligible to apply for a new Colorado insurance license for two years following its revocation or surrender.
The Connecticut Insurance Department follows Section 17 of the NAIC’s PLMA for reporting new criminal actions. The state’s version, found in Sec. 38a-702o. reads:
- A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state not later than thirty days after the final disposition of the matter. The report shall include a copy of the order, consent to order or other relevant legal documents.
- Not later than thirty days after the initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution taken against the producer in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
Source: https://www.cga.ct.gov/current/pub/chap_701a.htm#sec_38a-702o
Connecticut’s law states a producer has to report “any criminal prosecution…in any jurisdiction.” We take this to include misdemeanors, even though they aren’t specifically named. While the umbrella term “criminal prosecution” may not include traffic violations, civil charges and convictions, or other things, without clear direction from Connecticut we would err on the side of caution and report any new criminal background to the state within 30 days.
Connecticut law makes no distinction between resident and nonresident producers. Without this specification, we assume resident and nonresident producers alike must follow the Connecticut reporting requirements outlined in its law.
Delaware law – as found in 18 DE Code § 1719 (2022) – requires licensed producers to report “any criminal prosecution of the licensee taken in any jurisdiction,” “any administrative action taken against the licensee in another jurisdiction or by another governmental agency,” and according to email correspondence from the Delaware Department of Insurance, this includes traffic violations, misdemeanors, and even child support actions.
The Delaware DOI requests that a producer upload all information to the NIPR Attachments Warehouse – Reporting of Actions within 30 days, including court documents, statements, police reports, and any other pertinent information. A producer who doesn’t report these items within 30 days risks their license being suspended or revoked, even if that may not have been the decision of the DOI after reviewing the reports.
Delaware wants producers to report all new charges and convictions within 30 days. There isn’t an exception for traffic violations or misdemeanors.
Producers with a nonresident Delaware license should follow the same procedures as resident producers. In the case that a nonresident producer has already received approval from their resident state to continue holding their insurance license, they can upload this to Delaware and the state’s market conduct department will make a determination. While Delaware doesn’t claim reciprocity with another state’s decisions, the producer’s license status with their resident state will factor into the consideration.
Florida has a detailed set of laws relating to insurance producers with any sort of criminal history and an entire webpage devoted to spelling out the specifics. For producers who are already licensed when new criminal charges occur, the Florida Department of Insurance will “immediately temporarily suspend a license or appointment when the licensee is charged with a felony enumerated in s. 626.207” – that is, one of the crimes that comes with an automatic disqualification period that we’ll get into below.
According to MyFloridaCFO, some crimes result in a permanent ban on a producer’s ability to hold an insurance license, while others result in a seven-year or 15-year disqualification period. For those crimes that aren’t cause for a permanent ban, someone can apply (or reapply) for a Florida insurance license at the end of the disqualification period, though the state reserves the right to deny the application.
In Florida, being convicted of the following crimes (although this isn’t a comprehensive list) means you can never again hold an insurance license:
- Any capital felony
- Any felony directly related to financial services business
- Any first-degree felony
- Counterfeiting financial services instruments
- Embezzlement
- False statements regarding financial services transactions
- Money laundering
- Sale of unregistered securities
The following crimes (which may not be a complete list) will get an insurance producer a 15-year disqualification, and that period begins “upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence, including payment of fines, restitution, and court costs for the crime for which the disqualifying period applies.”
- Abuse of an elderly person
- Aggravated assault
- Aggravated battery
- Aggravated fleeing and eluding (high speed or demonstrating wanton disregard)
- Aggravated stalking
- Arson
- Battery on law enforcement officer involving intentional bodily injury
- Bomb threat or placing a bomb
- Breaking and entering
- Bribery
- Burglary (depending on circumstances) or burglary of an occupied dwelling
- Child abuse
- Child molestation
- Counterfeiting non-financial services instruments)
- Dealing in stolen property
- Escape
- Extortion
- False statement (non-financial services transactions)
- Felony battery strangulation
- Forgery
- Fraud (not related to financial services business)
- Grand larceny
- Grand theft
- Introduction of contraband into a detention facility (certain circumstances)
- Kidnapping
- Leaving the scene of an accident with injuries
- Manslaughter
- Murder
- Passing worthless bank check (more than $500)
- Perjury
- Possession of drugs with intent to sell/deliver/etc.
- Rape
- Receiving stolen property
- Resisting arrest or resisting an officer with violence
- Robbery
- Sexual battery/sodomy
- Tampering with evidence
- Tax evasion
- Theft/larceny
- Transmission of wagering information in interstate and foreign commerce
- Use or possession of ID of another person without consent
- Vehicular homicide
Finally, the following crimes (again, Florida caveats, this isn’t a complete list) will get an insurance producer a seven-year disqualification, and that period begins “upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence, including payment of fines, restitution, and court costs for the crime for which the disqualifying period applies.”
- Battery on law enforcement officer (not involving intentional bodily injury)
- Burglary (depending on circumstances)
- Carrying a concealed weapon
- Child neglect
- Criminal mischief
- Domestic violence
- Driving under influence/driving while intoxicated
- Driving while license suspended/revoked
- Felony battery
- Fleeing and eluding (lights and sirens)
- Introduction of contraband into a detention facility (certain circumstances)
- Passing a worthless bank check of $500 or less
- Possession of drugs
- Possession of firearm by ex-felon
- Resisting arrest or resisting an officer without violence
- Sale of fireworks
- Solicitation of prostitution
- Trespassing
Florida law requires an insurance producer to report in writing to the state within 30 days “after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof, or under the law of any other country without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case.”
The above description may include some more serious misdemeanors, but appears to say that if you’re convicted of a crime that’s not punishable by a year or more in prison, you aren’t required to report it to the state.
For certain misdemeanors, however, Florida is very specific. The state imposes a seven-year disqualification period on anyone convicted of a misdemeanor “directly related to the financial services business or any misdemeanor directly related to any violation of the Florida Insurance Code.”
Florida’s laws are clear about needing to report crimes to the state regardless of what jurisdiction they occurred in. It appears as though Florida will enforce its rules and not grant nonresident licenses based on them regardless of whether a producer can still obtain a license in their resident state.
According to Georgia Code § 33-23-21 (2022), a licensed producer must “report to the Commissioner any criminal prosecution of the applicant or licensee taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from any hearing that has taken place, and any other relevant legal documents. Such report must be filed with the application or within 30 days of the date of arrest.” Failing to do so will result in suspension or revocation of your Georgia insurance license, so reporting any new criminal charges by uploading documents to Georgia’s Producer and Agency Portal is the first step.
Aside from that initial reporting requirement, Georgia law also says that it will revoke a producer’s license if they have “been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States.” This wording gives the impression that Georgia doesn’t grant 1033 waivers for producers convicted of those crimes who want to keep their licenses.
Georgia clarifies that the licensee will be treated as though the crime were a felony, even if it was committed in another state in which it’s not a felony, if Georgia law considers it such. The law also specifies that an insurance producer won’t escape license revocation even if they’re treated by the courts as a “first offender,” which may include their sentence being lighter, suspended (probation only), or dropped entirely. In Georgia, if you do the crime (even if you don’t do the time), you’re still likely going to lose your insurance license.
Georgia law doesn’t distinguish between felonies, misdemeanors, or other types of criminal charges and convictions. It would be safe to assume that the reporting requirements apply to every type of crime, and since Georgia is so serious about the consequences for not reporting criminal prosecution, you’re better safe than sorry.
Georgia law makes no distinction between resident and nonresident producers. Without this specification, we assume resident and nonresident producers alike must follow the Georgia reporting requirements outlined in its law.
As we’ve made our way through the first 10 states on our list, one thing’s become clear. Every state requires insurance producers to report new criminal activity to the insurance commissioner or department of insurance, and to do so within 30 days. Beyond that, the specifics vary.
Whether there’re exceptions to the types of crimes that need to be reported, whether a producer needs to report charges or only convictions, and what the chances are that you can keep an active license after reporting any type of criminal conviction are among the variables that each state determines for itself.
We hope this guide has been helpful, but the bottom line is that if you’re an insurance producer facing criminal charges or convictions, your best bet will be to consult with your attorney and your state’s DOI directly to make sure you fulfill any requirements. Doing nothing is guaranteed to land you in more trouble than following the state’s reporting requirements.
To learn more about the nuances of state-by-state insurance compliance, check out our free Compliance Library where we’ve done the research for you. If you’re ready to make compliance streamlined and automatic at your insurance agency, carrier, MGA, or MGU, see how AgentSync can help.
Next Up: Part 2 – Hawaii through Maryland
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