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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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Does a felony conviction prevent a person from obtaining a

Resolved Question:

Does a felony conviction prevent a person from obtaining a insurance salesperson license in New Jersey?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  xavierjd replied 3 years ago.

Thanks for using JustAnswer.com

 

What type of insurance do you want to sell?

 

How will you sell it?--door to door? by appointment? etc.

 

Thanks

Expert:  xavierjd replied 3 years ago.

Also, what was the conviction for?

 

Thanks

Customer: replied 3 years ago.
car insurance, in a car dealership possession with intent to sell
Customer: replied 3 years ago.
Drug conviction non violent possession with intent to sell 04/23/1995
Expert:  xavierjd replied 3 years ago.

The answer is that it can.

 

Occupational Licensing

-General licensing statute allows licensing boards to refuse to admit a person or to suspend or revoke a license upon proof that a person has been convicted of or is engaged in:

  • Acts constituting a "crime of moral turpitude"
  • Acts relating adversely to the regulated activity

-More than 50 professions in NJ subject to the statute

-BUT: Rehabilitation of Convicted Offenders Act overrides in part:

  • Can't disqualify solely on the basis of a conviction unlessconvicted while a public employee of an offense relating to the office orconvicted of a crime relating to the license sought.
  • If license agency or board wants to disqualify, must explain in writing how various factors have been considered
  • Parolees can get "Certificates of Rehabilitation" which preclude a licensing board from denying the license.

Moreover, if it has been since 1995 and you have had no other convictions, you may be able to get your record expunged.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

Customer: replied 3 years ago.
There were two DUI convictions, first 2006 and the second 2009, bankruptcy was declared in 2009. Willl this have an effect on the decision? I will be able to secure a certificate of rehabilitation
Customer: replied 3 years ago.
Will I receive a reply to the additional question?
Expert:  xavierjd replied 3 years ago.

I'm sorry for the delay. I was assisting another customer.

 

I am finishing researching the certificate of rehabilitation....I will be right back with you.

 

Thanks for your your patience.

Expert:  xavierjd replied 3 years ago.

Those certainly may affect your ability to obtain a license.

 

In New Jersey, an individual who has been previously denied a professional license because of a conviction may apply for a "Certificate of Rehabilitation" (COR). COR is meant to verify that the holder has achieved a degree of rehabilitation, indicating their licensing would not be incompatible with the welfare of society. A COR prohibits a licensing authority from disqualifying or discriminating against the applicant. In effect it creates a "presumption of rehabilitation" that must be given consideration by the licensing board. CORs may be temporary, subject to review and renewal, and may be revoked.

 

If granted a COR, you may not be denied a license solely on account of having been convicted, or by reason of a lack of good moral character. However, you can still be denied a license if the licensing board finds: (a) there is a direct relationship between the previous conviction and the license being sought or (b) if the board establishes that issuing a license would involve an unreasonable risk to property, individual safety or welfare or risk to the general public.

 

At least two years must pass before reapplication under a COR.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit or answering the question. Thank you.

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3383
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 6 other Criminal Law Specialists are ready to help you

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