Can a prior felon be licensed as a home inspector?

[Bunk Moreland]

Wondering what the laws are in California regarding licensing and certification for home inspectors with prior felony convictions. Is there any conflict here?

(see specific case below regarding Byron Duerksen, former President of A.I.I.)

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United States of America, Appellee, v. Byron Hugh Duerksen, Appellant

United States Court of Appeals, Eighth Circuit. - 782 F.2d 132

Submitted Jan. 14, 1986.Decided Jan. 23, 1986
Michael A. Price, Cape Girardeau, Mo., for appellant.

Pamela H. Bucy, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before HEANEY, ARNOLD and WOLLMAN, Circuit Judge.

HEANEY, Circuit Judge.

1
Byron Hugh Duerksen appeals the district court's order denying without a hearing his motion for modification of sentence, filed pursuant to Fed.R. Crim.P. 35. We affirm.

2
On September 18, 1984, Duerksen pleaded guilty to one count of transportation of a forged security in violation of 18 U.S.C. Sec. 2314. On November 19, 1984, he was sentenced to six years imprisonment. On March 29, 1985, the trial court denied his motion for a reduction of sentence. For reversal, Duerksen argues that the sentencing court relied on inaccurate or incomplete information at the time of sentencing, and that the trial court abused its discretion by imposing the six year sentence.

3
A defendant who contests the accuracy of a presentence report must be given an opportunity to explain or rebut this information. Orner v. United States, 578 F.2d 1276, 1279 (8th Cir.197. The procedure for rebuttal lies within the sound discretion of the sentencing judge, and the exercise of discretion in this regard will not be overturned in the absence of plain error or an abuse of that discretion. Id. at 1279.

4
We find no abuse of discretion. Duerksen's counsel sent the trial court a seven page letter explaining the presentence report. Thus, the court had benefit of both the presentence report and Duerksen's interpretation of the report. Moreover, the transcript of the sentencing hearing indicates that the court provided Duerksen an opportunity to rebut the information contained in the report. Nothing in the record on appeal warrants disturbing the district court's denial of Duerksen's motion. Accordingly, we affirm.

Source: http://cases.justia.com/us-court-of-...82/132/300209/

[Nick Gromicko]

Byron is the former Executive Director of a competing association A.I.I. Now his wife is Executive Director. A.I.I.'s Board of Directors looked into this a while back and communicated with me about it. The issue dates back to 1984 (22 years ago) and did not include any violent act.

It was decided by A.I.I.'s Board that a 22 year old non-violent offense was not grounds to expel.

[Brian E. Kelly]

No Home Inspector Licensing in California

[Kenneth Lott]

Too bad, he did the crime and paid the time. It is no small wonder so many end up back inside.

[Dan Bowers, CMI]

Bunk -

I'm almost 60 - I've met doctors, lawyers, realtors, legislators, mayors, electricians, sports stars, philanthrapists, engineers, etc WHO at some point in their life did something they got busted for and later regretted.

Things such as:

Stole a car and went joy riding; streaked the college football field naked at homecoming; got pulled over speeding and had 2 joints in the ashtray; helped grandpa bottle moonshine whiskey in the Arkansas hills; when the US Air Force lost the wounded Korean War veterans pay records for 5 months - he robbed a bank using a toy squirt gun painted black to feed his kids; got in a fight in a bar and punched another guy and broke his jaw - the other guy was a federal marshall; got drunk and while driving home went off the road and killed a cow (felony drunk driving). Finally the really hard core crowd like Tim the Toolman and Martha Stewart.

Bottom Line: Many of these offenses were done and paid for 15-20-25 years ago like this guy from AII. What does that have to do with their home inspection skills or ability today.

They made a mistake - they paid - they moved on. Good for them.

I'd rather have Martha Stewart or Ollie North over for dinner than a bunch of the 45 minute, cheapo, whitewashing scum dog, type home inspectors I've seen over the years.

Just Personal Thoughts from an Ex-Sniper who loved his job. Fortunately being on a foreign soil meant my work was semi-legit / otherwise ......

One other thought / Why do you care about this today 25 yrs later. I was always taught there was only 1 PERFECT being, and as home inspectors that was not us.

[Gary L. Farnsworth]

Just because the Governor of Kansas is behind $7,000 in taxes does not mean that she is a bad Governor. Just because I spent a day in jail in 1987 for mouthing off to a judge makes me a bad home inspector in 2009.

Absolute power will corrupt absolutely. It will hit all home inspector boards. They are all controlled by attorneys anyway. It is all BS. Money talks. There is no way any agent, home inspector, or state lawmaker can write all of these laws. There is some enity behind all of these laws in all states. They are all pretty much the same. It has to be some large company moving in. A conspiricy. Dan, don't get me started again. I am trying to stay calm.

[Keith Runquist]

Originally Posted by gromicko

Byron is the former Executive Director of a competing association A.I.I. Now his wife is Executive Director. A.I.I.'s Board of Directors looked into this a while back and communicated with me about it. The issue dates back to 1984 (22 years ago) and did not include any violent act.

It was decided by A.I.I.'s Board that a 22 year old non-violent offense was not grounds to expel.

I think the guy is in the clear based on what Nick said. Don't get your panties in a wad.

[James H. Bushart]

So....why did a NACHI moderator allow a non-member to use an obviously fake name to make a post that apparently was intended to cause harm to someone?

If we are not moderating this kind of crap....exactly what is being filtered out?

Let it all be posted. We can take it.

[kpierce]

Originally Posted by jbushart

So....why did a NACHI moderator allow a non-member to use an obviously fake name to make a post that apparently was intended to cause harm to someone?

If we are not moderating this kind of crap....exactly what is being filtered out?

Let it all be posted. We can take it.

Yep, I was willing to give it a chance but clearly it's failing and should be abolished.

[Nick Gromicko]

Dan Bowers writes:

I'd rather have Martha Stewart or Ollie North over for dinner than a bunch of the 45 minute, cheapo, whitewashing scum dog, type home inspectors I've seen over the years.

One of the best posts I've ever read.

[Gary L. Farnsworth]

I believe Dan was referencing to the future RE agents that will be performing home inspections in Kansas and Missouri, since they are all excluded from any home inspection laws. And, throw in an engineer or insurance agent, or modular home salesmen or home builder, or two also.

[Paul Pendley]

And Bunk is from Where???

[Paul Pendley]

Please tell me that he didnt undercut your price as a competitor!!!

[James E. Braun, CMI]

Originally Posted by jbushart

So....why did a NACHI moderator allow a non-member to use an obviously fake name to make a post that apparently was intended to cause harm to someone?

If we are not moderating this kind of crap....exactly what is being filtered out?

Let it all be posted. We can take it.

Totally agree!

[Brent l. Lerwill]

I was on the board, the executive committee and the ethics committee during this fiasco with AII. It was a vendetta trumped up by Byron's enemies for their own financial purposes and as a power grab. Byron and Sylvia did more good for AII than anyone else in years. During a very difficult time when the association was faltering and would have likely failed, they stepped in and unselfishly donated a lot of time and resources to save it. Those who brought these accusations and raked up old, outdated charges should be ashamed. I had such a nasty taste in my mouth after enduring this crap for almost a year that I left the association. Too bad, because it is / was a great little group of people for the most part. I really miss it.