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.
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.
Disclosable offenses include but are not limited to :
- 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
- Counterfeiting or passing counterfeit money
- Bribery and bribe receipt
- Any crime involving false pretenses
- Money laundering
- Forgery or any crime involving the falsification of documents
- Criminal impersonation
- Fraudulent conveyance of property
- Fraudulent use of credit or debit card
- Knowingly issuing a bad check
- Any crime involving the making or utterance of a false statement
- Perjury and subornation of perjury
- Knowingly possessing a forged instrument
- Knowingly receiving or possessing stolen property
- Theft by deception
- Witness/evidence tampering; and
- Crimes of financial exploitation
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:
- A written statement explaining the circumstances of the incident(s)
- A copy of the charging document(s)
- A copy of the official document which demonstrates the resolution of the charge(s) or any final judgment.
- 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.
Criminal offenses which may be qualified for the purposes of 18 U.S.C. 1033 (not an exhaustive list):
- 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;
- Counterfeiting or passing counterfeit money;
- Bribery and bribe receipt;
- Any crime involving false pretenses;
- Money laundering;
- Forgery or any crime involving the falsification of documents;
- Criminal impersonation;
- Fraudulent conveyance of property;
- Fraudulent use of credit or debit card;
- Knowingly issuing a bad check;
- Any crime involving the making or utterance of a false statement;
- Perjury and subornation of perjury;
- Knowingly possessing a forged instrument;
- Knowingly receiving or possessing stolen property;
- Theft by deception;
- Witness/evidence tampering; and
- Crimes of financial exploitation
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.
All 1033 submittals and applications with felony disclosures are reviewed on a case by case basis.
A breach of trust misdemeanor (evidencing bad moral character) can be grounds for denying a license but does not require the 1033 review process.
In addition to the completed 1033 form you will need to 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.
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.
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.
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.
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.
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.
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 prerequisite 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)
Please note, approval of a 1033 consent is not the equivalent or guarantee of approval of a license.
Have more questions?
Contact the Licensing Team