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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I have been denied a solicitation permit due to background

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I have been denied a solicitation permit due to background check. I had a deferred adjudication back in 2003 and served probation for burglary of a habitat. Most cities only require the past 7 years on a background check. The city stated that I could write a letter of appeal, to the city manager, but also stated that one person did that and was denied therefore saying that I could expect same results with total disregard, was the impression that I got from the conversation. I would assume that 9 years with no criminal history says alot and criminal background checks has absolute nothing to say about a person's morals, character or good will. I'm looking for suggestions to my dilemma as Im working on an appeal letter including my letter of explanation I sent to the State Board of insurance in Texas when I received my insurance license, which are hard in itself to acquire. Thank you for your time, Gary.

Please tell me a little about yourself, your age, whether you are married, if you have children, if you work, if you go to school. Thank you.

Customer: replied 4 years ago.
I am 52, not married, 2 children. I have been an insurance adjuster for 3 years and have worked door to door sales for 6 years with no problem with permits in other cities or states. The State of Texas Insurance seperates deferred adjudication from felony on criminal background checks. The local city states that my record shows felony and will not give consideration even though it was deferred adjudicated. I passed the background check with my new job hire which is door to door sales for a local cable company. My new job, 2 weeks into, is in limbo until I get this fixed with the city and acquire a permit for solicitation.
Customer: replied 4 years ago.
I need suggestions on the appeal letter and my options if I am denied after the appeal letter processs.

My thought would be to focus on three things, acceptance of responsibility, positive actions since the conviction and how obtaining the permit will be a benefit to you and the city.

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Regarding acceptance of responsibility, this would include statements to the effect of admitting that you made a mistake, you completed the requirements of the deferred adjudication program, paid any relevant restitution and otherwise addressed anything else arising from the prosecution.

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As to positive actions, this could include that you have been completely crime free since 2003 (and committed no crimes previously, if accurate), you have continued to raise your two children and you have held similar jobs in other cities and states. You might also include any actions such as community service, volunteer work and the like.

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As to benefiting you and the community, you might indicate that the permit will allow you to continue working and being a productive member of society, which, of course, would help ensure that you continue to remain crime free. Additionally, giving you the permit would allow you to bring your services to the members of their community.

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Please let me know if you need clarification on anything.

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 4 years ago.
Your answer is pretty much what I had in mind to include in the appeal letter as I had already included in my letter of explanation to the State of Texas when I was granted an insurance license in 2009. I was going to give the city a copy of that letter of explanation along with letters of reference from 4 persons that I had got approval from state. The feeling I am getting though, after talking to city person over the permits, is that they have already made there mind up in that I have a conviction period and that I can appeal but with not much hope in reversing their decision. My question is how can I change their mind with extinuating circumstances concerning background checks and their hard line of thinking? Could I include in the letter, that it is not fair and reasonable to just deny a person on background alone with no explanation and if even allowed an explanation through appeal, to deny without a fair and impartial examination of the facts?

Please understand that I cannot read their minds and am therefore unable to expressly tell you what will "change their mind" in this matter. Much like you, I am left to speculate a bit on the matter.

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As to telling them "that it is not fair and reasonable to just deny a person" a permit, I would tread cautiously there. While you certainly want to point out the hardship that such a bright-line rule would create, you should avoid any appearance of shifting blame. If you make such a harsh statement, it might come across as blaming them and/or their policy instead of your actions that led to the conviction.

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Please do not misunderstand me, I do not mean to speak negatively of you or your actions, I only mean to inform you of their likely perspective on the matter. With this in mind, you might want to tone it down a bit with a statement along the lines of, "It would seem unduly harsh to deny me a permit for a single conviction arising from a single incident of poor judgment in my 52 years of life. Instead, I would ask that you consider the overwhelmingly positive aspects from the bulk of my life."

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Please let me know if you need clarification on anything.

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 4 years ago.
I just need clarification on your statement of, "While you certainly want to point out the hardship that such a bright-line rule would create..."

By that, I mean that you would likely want to convey that it would be unfair to have a strict rule that a person cannot get a permit with a single conviction. Such a rule would eliminate an awful lot of otherwise "good" people!

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph and other Legal Specialists are ready to help you
We started this conversation over two hours ago and it has grown late. As I need to be in court early in the morning, I am going offline for the evening at this time. Please feel free to respond, if necessary, and know that I will be back online tomorrow. I thank you for your patience.