1. (1) Except as provided in Subsections (3) through (5), an individual who has a criminal conviction is eligible to apply for a license if:

   1. (a) the individual has completed probation, parole, or has been released from incarceration;
   2. (b) the individual has no criminal proceeding pending;
   3. (c) the individual has paid in full all fines and interest ordered by the court related to the criminal conviction;
   4. (d) the individual has paid in full all restitution ordered by the court related to the criminal conviction; and

   5. (e) the following time periods have elapsed from the date the individual was convicted, released from incarceration, parole, or probation, or the expiration of the probationary term, whichever occurred last:

      1. (i) seven years in the case of a felony;
      2. (ii) five years in the case of a class A misdemeanor;
      3. (iii) four years in the case of a class B misdemeanor; or
      4. (iv) three years in the case of any other misdemeanor.
2. (2) Any pending administrative, civil, criminal, or regulatory proceeding must be resolved before an individual is eligible to apply for a license.

3. (3) Subsection (1) does not apply to:

   1. (a) a juvenile adjudication; or
   2. (b) an individual whose criminal charge was dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance.
4. (4) The department will give effect to a conviction for a lower degree of offense pursuant to Section 76-3-402.

5. (5)(a)(i) An individual convicted of violating the federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033, or who under 18 U.S.C. Sec. 1033 has been convicted of a felony involving dishonesty or breach of trust, may not apply for a license without first obtaining written consent from the commissioner to engage or participate in the business of insurance.

   1. (ii) The policy and application for written consent are available on the department's website, https://insurance.utah.gov.
   2. (b) An individual who obtains written consent may apply for a license, subject to all other license application requirements.

   3. (c) An application for written consent is required even if:

      1. (i) a felony conviction involving dishonesty or breach of trust has been dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance;
      2. (ii) a felony conviction involving dishonesty or breach of trust has been reduced to a lower degree of offense under Section 76-3-402; or
      3. (iii) a felony conviction involving dishonesty or breach of trust has been expunged under Title 77, Chapter 40a, Expungement.
6. (6) The department shall deny a license application submitted by an individual who is not eligible under this section.
7. (7) Eligibility to apply for a license under this Rule R590-281 is a separate determination from and does not affect eligibility to engage in the business of insurance under 18 U.S.C. Sec. 1033.

KEY: insurance, licensing

Date of Last Change: June 23, 2026

Notice of Continuation: June 14, 2024

Authorizing, and Implemented or Interpreted Law: 31A-2-201(3)