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If you have a misdemeanor, felony, military offense or other criminal offense on your record, you MAY have to disclose that offense on your application to become a licensed insurance producer.

Items that do not need disclosed:

  • Misdemeanor traffic citations
  • Misdemeanor convictions involving driving under the influence (DUI) or driving while intoxicated (DWI)
  • Driving without a license
  • Reckless driving
  • Driving with a suspended or revoked license.
All other offenses qualify for disclosure in Idaho. For misdemeanors, felonies (that are not breach of trust or dishonesty based) military offenses and other offenses, you will need to include the following documentation with disclosure and application:
  1. A written statement explaining the circumstances of the incident(s)
  2. A copy of the charging document(s)
  3. A copy of the official document which demonstrates the resolution of the charge(s) or any final judgment

Felony convictions that involve dishonesty or breach of trust crimes require a 1033 review PRIOR to submission of application to the Idaho Department of Insurance. It is a criminal offense for an individual who has been convicted of a felony involving dishonesty or breach of trust to willfully engage or participate (in any capacity) in the business of insurance without first obtaining a “Letter of Written Consent to Engage in the Business of Insurance” from the regulating insurance department of the individual’s state of residence.

The Idaho Department of Insurance will also require proof of an active home state license in addition to the 1033 consent prior to considering application for a non-resident license.

What is the definition of 18 U.S.C. 1033?
The 1033 review process is a request for waiver to enter into the business of insurance when an individual has been convicted of any criminal felony involving dishonesty or breach of trust. In short, the 1033 review process is:

  • The review of criminal background information results in a written consent or denial to enter into the business of insurance.
  • A pre-requisite to any other licensing process.
  • Potential applicants should not test or fingerprint or submit a licensing application unless approved through this review process first.

More information regarding the law can be found here: Federal law 18 U.S.C. § 1033 (www.gpo.gov) Link to external website

Please note, approval of a 1033 consent is not the equivalent or guarantee of approval of a license.

What crimes are considered qualified for 1033 review?
Criminal offenses which may be qualified for the purposes of 18 U.S.C. 1033 (not an exhaustive list):

  1. Any type of fraud, including but not limited to insurance fraud, mail fraud, mortgage fraud, Medicare fraud, land fraud, tax fraud, securities fraud, and criminal fraud;
  2. Counterfeiting or passing counterfeit money;
  3. Bribery and bribe receipt;
  4. Any crime involving false pretenses;
  5. Money laundering;
  6. Extortion;
  7. Forgery or any crime involving the falsification of documents;
  8. Embezzlement;
  9. Criminal impersonation;
  10. Fraudulent conveyance of property;
  11. Fraudulent use of credit or debit card;
  12. Knowingly issuing a bad check;
  13. Any crime involving the making or utterance of a false statement;
  14. Perjury and subornation of perjury;
  15. Knowingly possessing a forged instrument;
  16. Knowingly receiving or possessing stolen property;
  17. Theft by deception;
  18. Witness/evidence tampering; and
  19. Crimes of financial exploitation

What if my felony conviction does not fit the criteria you have listed?
The list is not exhaustive. If you have a felony conviction that does not fit the categories above, please contact the Department for guidance so that we can advise whether or not the 1033 review would be required. Please note, this review may require providing documentation on the criminal matter in question.

Can I get a license if I have a felony on my record?
All 1033 submittals and applications with felony disclosures are reviewed on a case by case basis.

If I have a breach of trust misdemeanor, is that the same thing?
A breach of trust misdemeanor (evidencing bad moral character) can be grounds for denying a license but does not require the 1033 review process.

If I qualify for 1033 review, how do I proceed?

1033 with Letter

In addition to the completed 1033 form, please provide:

  • The legal documentation for all criminal matters
  • Any other pertinent items requested in the form
  • A minimum of three letters of recommendation from people who are aware of your felony/criminal past.

Applicants are not required to submit a background check at this point—we rely entirely on the information and documentation provided us in your 1033 submittal to be accurate, honest and thorough as to disclosures required by the form. However, discrepancies discovered upon license application can be grounds to refuse a license.

Where do I get the legal documentation required by the form?
For criminal matters, you must go to the court where your case was adjudicated (judged) and request certified documentation of each and every case you are reporting as a record of your criminal past.

What documentation is required?
We will need original charging/complaint or indictment documentation; final disposition and sentencing documents and, if pertinent, any follow-up documentation for completion of sentence, release from parole or pardon, reduction of felony to misdemeanor or dismissal or setting aside of judgment.

What if I was charged with a felony but the judgment was deferred?
Idaho is a state that considers pleading guilty or no contest to a charge to be a conviction. If you completed sentence and your judgment was formally set aside by the court, that matter becomes a non-conviction and does not require 1033 review. It is recommended that you disclose and provide documentation showing proof of setting aside or dismissal of the judgment with license application. This information can be forwarded prior to application for purposes of inquiring as to whether or not you are exempted from a 1033 process.

If I am approved/waived to enter the business of insurance through the 1033 review process, will I automatically be licensed or will my license application be guaranteed to be approved?
The 1033 review and consent is not the equivalent of a license application or license application approval. Once consent is given, an applicant must proceed with meeting all licensing requirements. There is no guarantee of licensure, even when the 1033 consent is obtained.

What if I am a non-resident or want to license in non-resident states?
A 1033 consent and even licensure in a home state does not guarantee license issuance in other, non-resident states. All states reserve the right to make their own determination in review of the background information. Non-resident status also does not excuse an applicant from having to disclose and provide all pertinent documentation to the non-resident state, along with providing the 1033 consent obtained from the home state. Depending on the state, it may be your responsibility to ask for a 1033 review for purposes of licensing in other states. Not all states will initiate this review but you may ask your state to provide the waiver if you know it will be required in other non-resident states.


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