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Background checks play an important role in the insurance industry, implemented to ensure that licensed professionals uphold industry integrity and comply with regulatory standards. These checks are designed to protect consumers, preserve trust, and prevent fraud.
Background checks are conducted when insurance professionals apply for a resident or non-resident license and upon renewal of a license.
Whether you’re an insurance producer, licensing manager, or compliance officer, understanding how background checks work is a must. Here, we’ll explore background checks for insurance licenses, touching on core elements, timeframes, state-specific variations, and best practices.
Understanding Background Checks in the Insurance Industry
Most states require both producers and adjusters to get fingerprinted as part of the application process, and many also require a background check. A background check, in the context of insurance licensing, is an exhaustive review of an applicant’s history to evaluate their eligibility to operate within the industry.
It’s important to note that these checks are just one part of the overall application process, and completing a background check doesn’t automatically mean licensure. Also note that agencies and carriers may conduct their own background checks before appointing or affiliating a producer or adjuster.
Insurance license background checks usually review:
Criminal records: This may include misdemeanor or felony convictions, the filing of felony criminal charges in state or federal court, and any judicial findings or determinations of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary duty.
Administrative actions: Administrative or disciplinary actions carried out by insurance departments, financial regulators, or other professional licensing bodies are included in the background check.
Financial background: Assessing financial responsibility, including bankruptcies, liens, and unpaid judgments that may raise concerns about an applicant’s ability to manage clients’ finances ethically, is typically a part of the process.
When applying for a license, it’s essential for applicants to disclose all relevant information that is requested as a part of the state’s background check. When renewing a license, it’s important to disclose anything relevant that may have occurred since the license was issued or last renewed.
Though tedious and perhaps a bit intrusive, background checks help maintain the standards of the insurance industry and ensure that only qualified individuals receive licensure. They also play an integral role in protecting consumers against unethical or fraudulent activities.
How Far Back Do Background Checks Go?
One of the most common inquiries that we (and Google!) get regarding insurance background checks is how far back they extend. In many instances, states don’t define a look-back period, but rather, spell out the grounds for denying a license.
Often, certain types of convictions within the preceding seven years are considered. But – and this is an important caveat – the background check may extend indefinitely, though only relevant infractions within that seven-year period may be deemed grounds for denial. And certain serious convictions or financial crimes may have no time limitations.
And time isn’t the only factor that matters. Regardless of the nature of the crime and when it occurred, what is revealed on a background check can also depend on whether the state searches federal or state databases.
If you need certainty, it’s best to check with an attorney or the relevant state Department of Insurance. In general, the seven-year period is a good guideline though it can vary based on multiple factors, such as:
State regulations: Some states mandate a longer or shorter look-back period based on regulatory frameworks. For example, California can deny a license application based on a felony or misdemeanor conviction, regardless of how long ago it occurred, while Florida has a 15-year disqualification period for certain felonies involving moral turpitude.
Nature and severity of offenses: Serious criminal offenses and those related to the qualifications or duties of an insurance licensee, such as fraud, embezzlement, or violent crimes, may remain relevant indefinitely.
Role-specific considerations: Background checks may be stricter for those applying for positions involving fiduciary responsibilities.
Legislative changes: Laws governing look-back periods may change, with some states increasing scrutiny in response to developing risks or past regulatory shortcomings.
State-by-State Variations in Background Checks
Each state has the power to set its own license and background screening requirements. And well before a state conducts its background check, potential licensees will have to complete and submit the state’s application. In addition to the standard, common questions, there are a total of 1,295 different state-specific questions – and even though many are essentially variations of the same question, that’s still a lot of questions!
Among the general and state-specific questions are questions about things that could or will show up on a background check like, “Have you ever been convicted of a felony?” Or “Have you ever been denied a license?” Or “…involved in a lawsuit?”
If an applicant answers, “Yes” to any of these questions they will be required to provide an explanation and supporting documentation. In that case, be prepared for a longer approval process. How much longer? In our experience, anywhere from a few weeks to 2+ years!
Also, in our experience, CA, FL, NY, MI, and TX can be the most challenging for background checks. CA, FL and TX all require fingerprinting, but FL is one of the most stringent states when it comes to fingerprinting. In FL, even the officers of an agency, regardless of whether or not one is a producer, must submit to fingerprinting and a background check. While NY and MI do not require fingerprinting, in our experience, MI is very thorough in investigating licensee’s background, even finding expunged convictions, and NY generally takes a long time to conduct their check and issue a license, the existence of any background will seriously delay applications.
In addition, note that some states may require individuals to report a personal bankruptcy, but most tend to focus on unpaid child support or outstanding tax obligations. Additionally, federal and state databases differ, which means that what is revealed may depend on the nature of the offense and which database is searched.
Practical Guidance for Insurance Professionals
Misconceptions about the background check process can lead to unnecessary delays or denials. Pitfalls like assuming minor infractions are irrelevant, neglecting to disclose past offenses, or misunderstanding state-specific requirements, can get in the way of the licensing process.
Also worth noting: most states post infractions to the NIPR producer database (PDB), so infractions in any one state in which an individual or entity is licensed will be ‘visible’ when applying for or renewing a license in any other state.
To avoid these issues, it’s important to know and understand the relevant states’ policies and reach out for expert guidance when necessary. Preparation can help ease the process. This may include:
Conducting a self-audit: Before applying, applicants should review their own records, including criminal history, credit reports, and past regulatory actions. Address any inaccuracies or outstanding issues.
Seek legal advice as needed: If there are past convictions or disciplinary actions, contact a legal professional who specializes in insurance licensing to help you understand your rights and options.
Maintain detailed records: Keep records of any past infractions, rehabilitation efforts, and relevant legal proceedings. Many states allow applicants to include explanations and evidence of rehabilitation.
Be honest and transparent: Omitting or misrepresenting information can lead to an automatic disqualification or revocation of a license. Being honest upfront gives applicants the chance to explain things that may appear on the background check, such as a DUI that occurred 10 years prior, before you stopped drinking, or medical debt due to a child falling ill which made filing for bankruptcy the only viable option.
Stay updated on regulatory changes: Licensing requirements can change, so regularly check for updates that may affect your eligibility.
For insurance agencies and carriers, conducting independent background checks when hiring a new producer can help minimize exposure to regulatory actions. While most background checks involve criminal records, they may also include financial reports to assess the applicant’s financial responsibility.
Take Proactive Steps for Insurance Licensing Success
Background checks are an important component of the insurance licensing process. While the process may seem overwhelming to professionals in the field, it’s an integral part of ensuring that all professionals holding licenses meet the industry’s ethical and legal standards. Although many states adhere to a seven-year look-back period, variations exist based on state laws and regulations, the severity of offenses, and specific roles within the insurance industry. When you understand these requirements and proactively address potential concerns, you can navigate the licensing process more effectively.
To ensure you stay compliant and informed, continuously review regulatory updates, seek expert guidance when necessary, and maintain complete transparency through the application process. Partnering with experts like 3H Compliance Group can provide valuable support in understanding regulatory complexities, preparing for background checks, and ensuring compliance with state-specific licensing requirements. Contact us today for assistance with your licensing journey and to stay ahead of regulatory changes.
