Last Updated: May 16, 2024
1033 Felony Waiver Information and Requirements
Individuals having a felony criminal conviction involving dishonesty or breach of trust must apply for and obtain a federal crime waiver before becoming eligible for licensure as an insurance agent. The crime waiver application is a separate application from the licensing application and requires the submission of different attachment documents.
Federal law 18 U.S.C. section 1033, is commonly referred to as the "1033 felony waiver" law, and it prohibits certain activities by or affecting persons engaged, or proposing to become engaged, in the business of insurance:
- (e)(1)(A) Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who willfully engages in the business of insurance whose activities affect interstate commerce or participates in such business, shall be fined as provided in this title or imprisoned not more than 5 years, or both.
- (B) Any individual who is engaged in the business of insurance whose activities affect interstate commerce and who willfully permits the participation described in subparagraph (A) shall be fined as provided in this title or imprisoned not more than 5 years, or both.
- (e)(2) A person described in paragraph (1)(A) may engage in the business of insurance or participate in such business if such person has the written consent of any regulatory official authorized to regulate the insurer, which consent specifically refers to this section.
Application Requirements
The 1033 Short Form Application should be completed and submitted to OCI before applying for insurance licensure. Please be sure to follow the instructions on the form and attach all documentation listed below and on page four of the application. Note that these are federal requirements and that documents submitted in support of a licensing application are submitted and reviewed separately from that of the crime waiver application.
- Two recent identical photos (e.g., passport photos) that clearly show the applicant's face.
- Certified copy of the criminal history.
- Certified copies of the indictment, criminal complaint, or other initiating documents that show the basis for each felony charge. Certified copies of documents may be obtained from the courthouse where the complaint was initially filed.
- Certified copies of the order of judgment and sentence of the court (felony conviction), including certification and performance of all conditions imposed by the court. Certified copies of the documents may be obtained from the courthouse where the case was adjudicated.
- An affidavit (statement sworn before a notary public) from the employer that states in detail the duties and responsibilities to be performed, as well as a statement from the employer indicating that the performance of these responsibilities does not constitute a threat to the public.
- The applicant's notarized signature swearing that the answers and the supporting documents contained in the application are true, correct, and complete.
- There is NO fee for this application.
Send the 1033 Short Form Application and supporting documentation to OCI to the following address:
Office of the Commissioner of Insurance
Agent Licensing Department: Crime Waiver Application
PO Box 7873
Madison WI 53707-7873
The application will be reviewed by OCI's legal unit to determine if the applicant should be given written consent to engage or participate in the business of insurance pursuant to 18 U.S.C. 1033 (e) (2).
You will receive written notice of the granting or denial of the waiver application, and it will become a permanent part of your agent licensing record.