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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19686
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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My daughter has an opportunity for a very good job with an

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My daughter has an opportunity for a very good job with an insurance broker in Dallas, TX. However, she has a bad check felony conviction that occurred in another state 12 years ago, and a misdemeanor that occurred in the same state 15 years ago. She has no prior record of criminal offenses in the last 13 years. In Texas it appears that the Insurance Commissioner has discretion to grant or refuse a Group 1 sales agent insurance license. The convictions are not an absolute disqualification. What are the step one must take to encourage the issuance of the license despite this old record; and should she have a lawyer or lobbyist to represent her before the Commissioner?

Thank you for the information and your question. Although your daughter could hire an attorney, since this is a discretionary decision, they really don't have the law on their side to force a positive decision. Therefore, she really just needs to present a positive persuasive package/letter to the Commissioner with the reasons why she should be licensed. She would want to focus on any mitigating factors behind the prior convictions, and more so on what she has done since that shows that she is trustworthy, especially when it comes to money, and has been a productive member of society.

So, for example, if she has held other jobs that carried with them a lot of responsibility, including responsibility for decision related to money, then she would want to underscore that. Also, any work in the community, family, etc. Letters of recommendation from prior employers might help as well.

Again though she can have an attorney assist her in drafting something persuasive, they won't really be able to use any legal pressure to get her approved. A lobbyist would not be the appropriate, either legally or success wise, path to take either.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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