Can a convicted felon get a real estate license?

Some states require real esatte license applicants to undergo fingerprinting and a background check as part of the application process. If you are concerned about a prior conviction serving as grounds for license denial, you can request the real estate commission issue a preliminary advisory opinion regarding any past criminal convictions or professional conduct judgments.

The Real Estate Commission will have to review your specific case and make a decision to accept or deny your license application.

So, can a convicted felon get a real estate license? That depends on each state. To find the answer please click on your state in the list below.

Alabama

Can a convicted felon get a real estate license in Alabama?

The Commission will not issue a license to any person convicted of a felony or a crime involving moral turpitude. If you have questions about if a prior conviction will impact your eligibility, you can submit a request for determination of licensing eligibility for individuals with a criminal history. The AREC will make a determination on your case. Alabama also will not issue a license if you have had a real estate application or license rejected or revoked in any state within the past two years.

First, you’ll have to fill out the Pre-Registration form and have a user identification number. You’ll also need to submit fingerprints to its background check processor, Gemalto.

Alabama’s Temporary Salesperson License Application will ask if you have been arrested, indicted, convicted of a criminal offense, fined, imprisoned, or placed on probation.

Alaska

Can convicted felons get real estate license in Alaska?

Your real estate license application will ask you to disclose any prior criminal activity to the Alaska Real Estate Commission. You should provide details as part of the application process.

You cannot be under indictment for a felony or any crime that would impact your ability to competently practice real estate. You can also be disqualified for any crimes that the commission judges affect your ability to competently practice as a real estate salesperson, such as forgery, conspiracy to defraud creditors, extortion, or theft. If you have been convicted, seven years must have passed since you completed the sentence.

Arizona

Can convicted felons get real estate license in Arizona?

Having a prior conviction does not necessarily disqualify you from receiving an Arizona salesperson’s license. However, The Arizona Department of Real Estate will not issue a license to any person who is currently incarcerated, paroled, or on probation. ADRE will also not issue licenses to anyone who has been convicted of a felony or misdemeanor offense such as theft, forgery, extortion, violence against another person, or crimes of moral turpitude.

When you apply for your license, you will fill out the required Disciplinary Actions Disclosure Form (LI-214/244).

It will ask you questions, such as if you have surrendered any professional or occupational license. The form also asks about your criminal history or if you have entered a plea agreement or a plea of nolo contendere.

The form asks you to disclose if you have had any judgment or orders by any court involving fraud, dishonesty, misrepresentation, moral turpitude, while conducting any business in real estate, or if you have been convicted of a class 6 undesignated offense.

Depending on your answers, you may need to submit additional documentation. Refer to the Disclosure Document Checklist Form for specifics on what you will need to include with your application.

Arkansas

Can convicted felons get real estate license in Arkansas?

The Arkansas Real Estate Commission will not approve licenses to individuals who have been convicted of a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness. They will also not receive a license if they have been convicted, pleaded guilty, or nolo contendere to a felony listed under § 17-3-102.

You have the right to apply for a waiver to the Commission at your request. Circumstances for a waiver involve the age at which the crime was committed, the circumstances, length of time since the crime, work history, employment references, and character references.

The Arkansas real estate salesperson application will ask about your prior criminal history. Since you turn in this application after you finish your pre-license course, this will be the time that you disclose any prior criminal activity. You will also have to submit to an FBI and state criminal background check at this time. Any prior convictions will show up on the report.

California

Can a convicted felon get a real estate license in California?

Yes, you still may be able to obtain a real estate license if you have a prior conviction.
It's important to note that you must disclose all past and pending criminal activity to the DRE as part of your license application. If you fail to do so, your application will most likely be denied.

You should review the Avoid Potential Denial of Your License Application document prior to pursuing a California real estate license.

The following actions may lead to a recommended denial of your license application:

• Failure to disclose pending criminal charges, criminal convictions, or disciplinary action taken against a business, professional license, certificate or permit by an agency in California, another state or by the Federal government.
• Conviction of a felony and the felony is substantially related to the qualifications, functions and duties of a real estate licensee.
• Conviction of a misdemeanor and the conviction is substantially related to the qualifications, functions and duties of a real estate licensee.
• Administrative action taken against a business, professional license, certificate or permit by an agency in California, another state or by the Federal government.
• A determination that the facts of a particular case warrant denial, such as the nature or severity of the act or the presence of aggravating factors.

The following convictions will disqualify you from obtaining a license:

• Assault with intent to commit rape
• Bribing public officer or employee
• Burglary
• Conviction that requires registration pursuant to Section 290 of the Penal Code
• Criminal conspiracy
• Embezzlement
• Extortion
• Filing a false police or fire report
• Forgery
• Fraud
• Grand theft
• Murder
• Obtaining money by false pretenses
• Perjury
• Sexually related conduct affecting a person who is an observer or non consenting participant
• Perjury
• Petty theft
• Possession of drugs for sale or transport
• Soliciting a lewd act from a minor or non consenting adult.
• Tax evasion

Colorado

Can convicted felons get real estate license in Colorado?

Colorado home requires all applicants to undergo fingerprinting in a background check as part of the application process. If you are concerned about a prior conviction serving as grounds for license denial, you can request the Commission issue a preliminary advisory opinion regarding any past criminal convictions or professional conduct judgments.

Colorado has the right to deny a broker license if you have been convicted of any acts that bring into question the individual’s ability to act in good moral character, as per Colorado Revised Statutes Title 12. Professions and Occupations § 12-61-103.

You will disclose any prior criminal activity through your fingerprinting and background check, plus on the broker license application. If you answer “yes” to any of the background questions, you will be asked to submit additional documentation to help the Commissions assess your character.Depending on your answers, this could include a court case disposition, case action summary, arrest report, a signed statement about the violation’s circumstances, a signed statement from your Colorado employing broker, and letters of recommendation.

Connecticut

Can convicted felons get real estate license in Connecticut?

According to the Connecticut general statutes, Title 46a, Chapter 814c, Section 46a-80, “A person may be denied employment by the state or any of its agencies, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, profession or business by reason of the prior conviction of a crime if after considering (1) the nature of the crime and its relationship to the job for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the state, or any of its agencies determines that the applicant is not suitable for the position of employment sought or the specific occupation, trade, vocation, profession or business for which the license, permit, certificate or registration is sought.”

Connecticut does not automatically disqualify anyone from receiving a license unless their application has been previously denied in the last year.

The real estate license application will ask you to disclose if you have been convicted of a crime. If you answer “yes” to the question, you will need to include additional documentation about the conviction’s date, nature, and decision. You also need a description of the circumstances relating to each conviction.

Any prior criminal activity history is disclosed when you fill out the license application.

Delaware

Can a convicted felon get a real estate license in Delaware?

Delaware requires any real estate salesperson applicant to demonstrate good character, with no criminal conviction records related to their ability to practice real estate. Your application will be denied for crimes such as murder, reckless endangerment, sex crimes, kidnapping, arson, burglary, robbery, theft, extortion, identity theft, fraud, child endangerment, or perjury.

You can find the full list of reasons for denial under the rules and regulations for the Real Estate Commission, Chapter 24, Statute 2906, Section 16, Crimes Related to the Practice of Real Estate Services.

Prior criminal activity is disclosed to the Department of Professional Licensing when you submit your salesperson license application. You may need to include supporting documentation explaining the circumstances and conviction.

Florida

Can a convicted felon get a real estate license in Florida?

You may still apply for a real estate license in Florida if you have a criminal history. Rather than restricting those with certain convictions from applying, the Florida Real Estate Commission considers each applicant on their own merits.

It is important, however, that you disclose your prior arrests and convictions when making your initial application for a real estate sales associate license. On the application, you will be asked to answer a series of background questions. You must disclose whether you have ever been convicted, found guilty of or entered a plea of no contest to a crime, or if you are currently under investigation for a crime.

Any criminal violation at the municipal, county, state or national level, including felonies, misdemeanors and traffic offenses (other than parking, speeding, inspection or traffic signal violations) must be disclosed. This information should be disclosed even if you were put on probation, were withheld judgement, were paroled or pardoned.

You will need to include a copy of the arrest report, copies of the disposition or final order(s), and documentation proving all sanctions have been served and satisfied. This documentation is necessary for each incident. If you are unable to supply the required documentation, you will need to get a certified statement from the clerk of court for the relevant jurisdiction, stating the status of your records.

If you are still on probation, you will need to include a letter from your probation officer, on official letterhead, stating the status of your probation.

In addition to your criminal history, you will need to disclose whether you’ve had any judgement or court decree entered against you in any state or jurisdiction related to the practice and profession of real estate, including any pending cases or investigations.

You will need to provide a copy of the judgment or decree. You must also supply documentation proving all sanctions have been served and satisfied, or if not, stating the current status of any proceedings.

In addition, you will need to disclose if you have ever had an application for licensure denied in Florida or elsewhere. Again, this includes pending proceedings and investigations. If you have, you will need to supply copies of documentation explaining the denial or pending action.

Finally, you will need to document if you have ever had any license, registration or permit to practice any regulated profession, occupation, vocation or business revoked, annulled, suspended, relinquished, surrendered or otherwise disciplined in Florida or elsewhere, including pending proceedings and investigations.

You will need to provide copies of the order(s) showing the disciplinary action taken against the license, or documentation showing the status of the pending action.

For criminal convictions, you will need to complete information on the offense, location of the crime, the penalty or disposition for the crime, the date of the offense and a description of the offense when making your application. For judgements or actions against you regarding a professional license, you will need to disclose the location, license number or application type, and an explanation of the incident.

All applicants are fingerprinted for a criminal background check by the Florida Department of Law Enforcement and the Federal Bureau of Investigation. The results will be forwarded to the Florida Real Estate Commission. You can expect the Commission to check the answers on your application against local, state and federal records. Your application may be denied if you fail to answer truthfully.

Applicants must disclose:

• The details of convictions.
• Any pleas of nolo contendere.
• Real estate license applicants do not need to include any expunged crimes or minor traffic violations.

In addition to DUIs, petty theft, and underage drinking, Florida real estate license applicants must include any other misdemeanor or felony charges. It is important that the applicant document each incident fully. An applicant must include any criminal history that may have happened outside Florida’s borders. A criminal history does not automatically disqualify an applicant from licensure in Florida.

An application may be reviewed by the FREC and take upwards of 90 days to process. (Florida Statute 475.17). The FREC may refuse to certify any candidate who has violated any of the provisions of Florida Statute 475.42 or who is subject to discipline under Florida Statute 475.25.

The application process may be unaffected by any criminal activity disclosed by an applicant. The impact of criminal history generally depends on the length of time since the offense happened, and the nature of the offense. The more information that an applicant provides on the application, the less opportunity there is for a rejection of the real estate license application.

An applicant must disclose if they have:

• Been convicted of any crime, regardless of adjudication.
• Been found guilty of any crime, regardless of adjudication.
• Pled nolo contendere to any crime, regardless of adjudication.

This information will be discovered in the background check, and an applicant’s failure to disclose this information upfront, on the application, may result in a denial of the application. Applicants are advised to attach a full disclosure, including the outcome of any arrest to the real estate application.

A real estate applicant must disclose all information on the application and include documentation to support all facts.

Nondisclosure of any criminal history or background will likely lead to a license denial.

Georgia

Can a convicted felon get a real estate license in Georgia?

Yes, it is still possible to obtain a Georgia real estate license if you have a prior conviction.
The Georgia Real Estate Commission will have to review your specific case and make a decision to accept or deny your license application.

If you have ever been convicted of a crime, pled nolo contendere, or been granted first offender treatment, you must submit a Background Clearance Application along with the following information:

• A certified copy of the citation, accusation, or indictment that led to the conviction, and a certified copy of the sentence / final disposition.
• A detailed written statement that includes:
1) an explanation of the circumstances surrounding the conviction.
2) whether you have made any required restitution.
3) whether you have completed all conditions of your sentence.
4) whether you are on parole or probation (and the date it will end).
The Georgia Real Estate Commission recommends that you submit the Background Clearance Application prior to starting the pre-license course or take the State exam. This will allow the Commission to review your case and determine if they will accept your future license application. The Commission typically takes one to three months to review a case and issue a decision.

Hawaii

Can convicted felons get real estate license in Hawaii?

The official disclosure of any prior criminal activity occurs when you submit your license application.

The Hawaii Real Estate Commission is more likely to deny your license application if you have a criminal conviction such as a felony, misdemeanor, or court-martial, including convictions for DUI, drug abuse, tax liens, unpaid judgments, disciplinary action for licensing, or are currently serving parole or probation. You can request a preliminary judgment from the Real Estate Commission before starting the licensing process if you have concerns your application would be denied.

Idaho

Can a convicted felon get a real estate license in Idaho?

Idaho does not issue licenses if you have been convicted or served time for any misdemeanor involving fraud, dishonorable dealings, or been convicted of a felony or military general court-martial within the last five years. If you have been convicted of a felony or these kinds of misdemeanors, and you finished serving your sentence five or more years ago, you can make a written review request to the Idaho Real Estate Commission. You will have to provide documents related to the sentencing and any supplemental information that you feel demonstrates your suitability for licensure.

When in doubt, request an exemption review before starting the process. The Idaho Real Estate Commission will review your documents and circumstances before deciding if you would qualify for a license.

Illinois

Can convicted felons get real estate license in Illinois?

It depends on the type of conviction that you have. In most cases, you are still qualified to get a license. However, the Department of Professional Regulation will consider all factors when deciding whether to grant you a license. The IDFPR says that more than 95% of applicants in the real estate profession with a prior conviction who accurately completed their application disclosing the conviction obtained a license.

The IDFPR will more closely consider any convictions related to conspiracy to defraud, embezzlement, extortion, forgery, larceny, obtaining money under false pretenses, or a felony involving moral turpitude. It may also consider misdemeanors involving dishonesty or fraud.

You should fully and honestly disclose any prior criminal activity when you make your application for your broker license. There is a screening form I will ask about your criminal history and for any supporting documentation to be uploaded.

Indiana

Can convicted felons get real estate license in Indiana?

Indiana will not permit a broker license if you have been convicted of: an act that would constitute a ground for disciplinary sanction under IC 25-1-11 ; a crime that has a direct bearing on the individual's ability to practice competently; or, a crime that indicates the individual has the propensity to endanger the public. The activities listed under IC 25-1-11 include fraud, false advertising, violating state statutes regulating the industry, and lewd or immoral conduct.

You will disclose any prior criminal activity on the broker license application. If you answer “yes” to questions 1-5 or “no” to question 6, you will have to explain the answer fully in a sworn affidavit with all related details and submit relevant court documents, if applicable.

However, if you have any questions regarding if your application will be denied based on prior criminal activity, call the IPLA (317) 234-3022 or email: [email protected] before pursuing your license.

Iowa

Can a convicted felon get a real estate license in Iowa?

It depends on the nature of your prior conviction and when the offense was committed. Any offense classified as a felony, or involving forgery, embezzlement, theft, arson, extortion, conspiracy to defraud, or similar offenses, must have elapsed five years ago. Any offense related to moral turpitude must have elapsed at least one year ago. For any other offenses, the Commission will consider the nature of the offense, the extenuating circumstances, the time lapsed, conduct since the conviction, and any other relevant factors.

Your prior criminal activity history will be disclosed to the Iowa Real Estate Commission in two ways. You should personally disclose your criminal history when you submit the salesperson application. Any criminal history will also appear in the background check. This is why it is imperative you are honest about your prior criminal history in your application.

If you are uncertain if your conviction would disqualify you from receiving a license, you can contact the Commission first for clarification on the law.

Kansas

Can convicted felons get real estate license in Kansas?

For applicants that have a felony conviction or four or more misdemeanors, you disclose your prior criminal activity before you begin the licensing process. You must fill out and turn in the Offense Report Form to the Kansas Real Estate Commission. They will make a determination on if you will qualify for a license or not.

Kentucky

Can convicted felons get real estate license in Kentucky?

Kentucky will only grant licenses to people who are trustworthy and deemed competent to transact as a sales associate in a way that is safe to the public. All licenses are issued on a case-by-case basis. According to the KREC, "The most concerning criminal offenses are crimes of dishonesty or violence, felonies, and any offense that places an individual on the sex offender registry."

Your prior criminal activity will be disclosed to the Kentucky Real Estate Commission through the FBI and state criminal history check and on the screening questions included in the sales associate application. You may be asked to submit additional supporting documentation for the Kentucky Real Estate Commission to make a decision about your licensure.

Louisiana

Can a convicted felon get a real estate license in Louisiana?

Louisiana has the right to deny a salesperson license if they have been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a felony or crime involving moral turpitude in any court of competent jurisdiction. Any applicant who has been convicted of a felony must first submit a Felony Applicant Form to the LREC for review. Otherwise, you will disclose any prior criminal activity through your salesperson license application. You’ll also be required to have a background check as part of the licensing process. You may be required to appear for a hearing at an LREC meeting where the Commission will make a final decision on initial licensure.

Maine

Can convicted felons get real estate license in Maine?

The Maine Real Estate Commission will deny licenses if you've been convicted of any Class A, B, or C crime. Otherwise, the Maine State Statutes do not officially designate any offenses as disqualifying for a professional license. It enables the Maine Real Estate Commission to consider the criminal history record and if the conviction involves dishonesty or false statements, directly related to the occupation, or had a conviction with incarceration over a year.

You should enclose documents in your license application related to the conviction and why you should be approved for the license.

Maryland

Can convicted felons get real estate license in Maryland?

Maryland does not automatically disqualify someone for a real estate license if they have been convicted of a felony or misdemeanor. They weigh each conviction on a case-by-case basis and give the applicant the right to appeal if the application is denied.

While Maryland uses an online licensing application process, anyone convicted of a criminal offense must submit a manual application to the MREC with supporting documentation in the form of True Test copies regarding your conviction. You must call 410-230-6230 for the form.

Massachusetts

Can convicted felons get real estate license in Massachusetts?

You are automatically disqualified from receiving a Massachusetts salesperson license if you have been convicted any major crimes within the last ten years. These include murder, rape, aggravated sexual assault, assault with intent to rape, armed assault, burglary, kidnapping, arson, indecent assault or battery, unnatural acts, inducing sex with a minor. Level 3 sex offenders are disqualified.

No license shall be issued unless evidence of good moral character is found as required by this section.

Your prior criminal history is disclosed in the Criminal Offense Record Information (CORI) acknowledgment form that is part of the license application.

Michigan

Can a convicted felon get a real estate license in Michigan?

Yes, it is still possible to obtain a Michigan real estate salesperson's license if you have a prior conviction, including a felony conviction.

When completing your license application via MiPLUS, you will be asked "have you been convicted of a felony not previously reported to the Department for this license type or occupation?".
If you answer "Yes", your license application will be kept on 'pending' status, and you will receive a notification from LARA regarding what additional information is required from you. One of the documents you will be required to submit is a Request For Conviction History form. You must disclose any past felony convictions to LARA.
Once LARA receives, reviews, and approves your additional documentation, you will receive an email notifying you of your authorization to register for the exam.

Minnesota

Can a convicted felon get a real estate license in Minnesota?

You must complete your pre-licensing requirements and submit an application for examination or licensure before the MN Department of Commerce will determine if a license can be issued.

Your Minnesota real estate salesperson license application will ask questions about prior charges and convictions. A criminal record does not necessarily prevent you from receiving your MN license. As part of the application, you must submit a written statement explaining each incident, a copy of the charging document, and a copy of a document that demonstrates the resolution of the charges or final judgment. Your real estate broker will notify you if your application has been approved or denied.

The Minnesota Real Estate Commissioner has the right to deny an application on the grounds of any misleading statements made on the application, engagement in fraudulent practices, failure to comply with state statutes, or if past actions have demonstrated you to be financially irresponsible or untrustworthy.

Mississippi

Can a convicted felon get a real estate license in Mississippi?

It is possible to earn a salesperson license with a prior conviction, but some offenses will disqualify you from holding a license. If any convictions have been made in the five years preceding the application date, or if the felonies involve fraud, dishonesty, or money laundering at any time, you can't hold a real estate license.

You will disclose the prior criminal history when you submit the license application to the Mississippi Real Estate Commission.

Missouri

Can a convicted felon get a real estate license in Missouri?

Certain convictions will automatically result in the denial of a real estate application. However, the Missouri Real Estate Commission has the authority to deny a real estate license application for convictions that do not result in an automatic denial. The Missouri Real Estate Commission makes final decisions regarding criminal convictions for real estate licensees on a case-by-case basis.

The Missouri Real Estate Commission considers both the severity of the conviction and the age of the conviction. According to Missouri Statute 339.080(2), any applicant denied a real estate license would receive the denial reasons in writing to the last known address for the applicant. It is noted that an applicant has the right to ask for an administrative hearing regarding the denial.

The Missouri real estate application must disclose the following information regarding an applicant’s past criminal activity:

• If the applicant has pleaded guilty to the offenses, or similar offenses, noted below.

• If the Missouri real estate license applicant has entered a plea of nolo contendere to the offenses, or similar offenses, noted below.

• If the applicant has been found guilty to the offenses, or similar offenses, as noted below.

• A dangerous felony (as defined by Missouri Statute 556.061) like murder in the first degree. Missouri Statute 339.100.5(1). Other dangerous felonies include arson, forcible rape, kidnapping, assault of a law enforcement member, domestic assault, senior abuses, rape, or sodomy of a child less than 12 years of age.

• Sexual assaults which include statutory rape, sodomy, child molestation, or sexual misconduct involving a child, among other sexual offenses. Missouri Statute 339.100.5(2).

• Family and related offices which include abandonment, incest, child abuse, trafficking of children, and promoting a sexual performance by a child, among other offenses. Missouri Statute 339.100.5(3).

• Child pornography offenses include the promotion of obscenity, child pornography possession, giving child pornography with a child as content, among others. Missouri Statute 339.100. (4).

• Mortgage fraud, as defined by Missouri Statute 339.1005(5).

Or,

• If the applicant has been found guilty with regard to the following criminal offenses:

• Embezzlement

• Forgery

• Criminal Conspiracy to defraud, among other convictions. Missouri Statute 556.061.(8).

The information regarding past criminal behavior must be included in section 1B of the Missouri real estate application, with additional information included on a separate piece of paper if needed.

Criminal activity that has occurred during a real estate license applicant’s past must be disclosed on the real estate application provided by the Missouri Real Estate Commission.

Montana

Can convicted felons get real estate license in Montana?

A criminal conviction may not automatically bar you from receiving a license. The Board reviews your background information for honesty and trustworthiness. Consult the Board or program website for more information about how a criminal conviction may impact your application.

Prior criminal activity is disclosed in question 10 of the license application. The application will want supporting documentation if you answer "yes" to any questions.

Nebraska

Can a convicted felon get a real estate license in Nebraska?

The Nebraska Real Estate Commission has grounds for license refusal if the applicant has been convicted of a felony or a crime involving moral turpitude in any court of competent jurisdiction, whether in the United States or a foreign country. It also has grounds for denial if you have been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud.

If you have engaged in real estate without a license, you can also be denied. Any false statements on applications is also grounds for denial.

You will disclose prior criminal activity to the Nebraska Real Estate Commission when you make your salesperson license application. Any prior criminal activity will also appear in your criminal history check. There is a review process if you have been denied an opportunity to take the exam and earn your license.

Nevada

Can convicted felons get real estate license in Nevada?

The Nevada Division of Real Estate may deny you a license if you have been convicted of or entered a plea of guilty, guilty but mentally ill, or nolo contendere for embezzlement, obtaining money under false pretenses, extortion, conspiracy to defraud, practicing real estate without a license, or any crime involving moral turpitude. It will not issue a license to any person until at least three years after they have paid the final restitution ordered by the courts, or after their parole, probation, or sentence has expired. See the full list of denial reasons in the NRS 645.330 and NRS 645.332. The Nevada Division of Real Estate does have an appeals process.

New Hampshire

Can a convicted felon get a real estate license in New Hampshire?

New Hampshire makes licensing decisions on a case-by-case basis, but generally, any offenses related to dishonesty will disqualify you from receiving a license. If you are concerned your conviction disqualifies you, you can petition for a determination of eligibility with the NHREC.

Your prior criminal activity will be revealed when you submit the criminal history record authorization form to the NHREC. There are questions on the license application that also ask about your criminal history. If you have any misdemeanor or felony conviction, in addition to positive answers on the application, you must file a criminal record report from that jurisdiction and an Arrest and Conviction Form with the NHREC. Include a detailed explanation of the offense(s).

You officially disclose any prior criminal activity when you file your license application. It has questions regarding prior history. You’ll also need to fill out an Arrest and Conviction Form with more details.

New Jersey

Can convicted felons get real estate license in New Jersey?

All salespersons are required by law to possess good character, trustworthiness, honesty, and integrity. N.J.S.A. 45:15-12.1 specifically prohibits licensure to anyone that has been convicted of forgery, burglary, robbery, any theft offense other than shoplifting, criminal conspiracy to defraud or other like offenses within the 5 (five) years preceding the application for licensure. These may also constitute grounds for denial if the conviction is older than five years if it relates to professional license revocation or shoplifting.

After you pass your real estate licensing exam, you will be asked a series of screening questions. It's important that you answer these questions truthfully and disclose at this time any prior criminal activity. You will be asked to sign and certify that your screening questions are accurate and truthful. If the New Jersey Real Estate Commission has any concerns about your qualifications, you will be given a chance to submit a written explanation for your screening question responses.

New Mexico

Can convicted felons get real estate license in New Mexico?

If you have been convicted in any court of competent jurisdiction of a felony or any offense involving moral turpitude, you can be denied a license. Otherwise, the Criminal Offender Employment Act stipulates private employers cannot notify an applicant that the law or policy could disqualify an applicant. Three years must have elapsed since you finished any sentence or probation.

Your prior criminal history will appear in your background check reports, which are sent to the New Mexico Real Estate Commission. The license application does not ask about your criminal history, but if you have had professional complaints filed, had a license denied, or been sued regarding real estate transactions.

New York

Can a convicted felon get a real estate license in New York?

It is possible to obtain your NYS real estate salesperson's license if you have a prior conviction.
However, you will not be eligible to receive a license if you have been convicted of the following crimes and have not received an executive pardon, a certificate of relief, or a certificate of good conduct:

• a felony
• a sex offense, or a sexually violent offense

You must disclose the following criminal activity to the Department of State as part of your license application:
1) On your license application, you will be asked if you have ever been convicted of a crime that is a misdemeanor or felony.
If you answer "Yes", you must submit a written explanation and provide a copy of the court records detailing the allegations of the offense and how the case was resolved. If you have received a Certificate of Relief from Disabilities, Certificate of Good Conduct or Executive Pardon, you must also submit a copy to the DOS.

2) You will also be asked if you have any criminal charges (misdemeanor or felonies) pending.
If you answer "Yes", you must submit a written explanation and provide a copy of the court records detailing the allegations of the offense.

3) Finally, you will be asked if you ever had a license revoked, suspended, or denied.
If you answer "Yes", you must provide all relevant documents, including the agency determination (if any).

North Carolina

Can a convicted felon get a real estate license in North Carolina?

If your criminal history shows a criminal conviction, including a serious traffic offense or DWI, you are considered to have a character issue that must be reviewed by the Commission. The Commission reviews every application with a character issue and evaluates it on a case-by-case basis.

By law, the Commission is required to consider the following factors:

• The crime’s level and seriousness.
• Date the crime was committed.
• Age of the person at the time the crime was committed.
• Circumstances surrounding the applicant while committing the crime, if known.
• The connection, if any, between the criminal activity and the prospective real estate duties of the applicant.
• The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
• Any subsequent criminal activity by the applicant.
• Any affidavits or other written documents, including character references.

The Commission may take up to 45 days to evaluate your character once you’ve passed the state licensing exam. This timeline may be extended if additional investigation is required. If any criminal charges are pending, the Commission will not move forward until it is resolved.

If the Commission determines your character does not meet the required standards, you will be notified of the decision as well as your right to request a formal hearing before the Commission.

North Dakota

Can a convicted felon get a real estate license in North Dakota?

Salesperson applicants must possess a good reputation for competency, honesty, truthfulness, financial integrity, and fair dealing. In your license application, you will complete the Criminal History Record Check Request form (SFN 60688). Fill it out accurately and completely.

There is an extensive list of what disqualifies you from receiving a license, such as felony convictions, extortion, and making false statements. See the full list in North Dakota Legislature Chapter 43-23-11.1.

Applicants who believe their background may disqualify them from obtaining a real estate license should consider submitting an application before taking a pre-licensing education course. You’ll be able to see if the Commission will approve your license.

Ohio

Can convicted felons get real estate license in Ohio?

If you have been convicted of a felony or a crime of moral turpitude or violated any civil rights laws in real estate within the past two years, you will not be able to get a real estate license.

You will disclose any prior criminal activity in your salesperson exam application under the ethical conduct section. If you answer yes, you will be required to submit additional paperwork regarding your answer.

Oklahoma

Can a convicted felon get a real estate license in Oklahoma?

The Oklahoma Real Estate Commission will deny licenses to anyone convicted of a crime defined in Section 13.1 of Title 21 of the Oklahoma Statutes within twenty years of the completion of the sentence, including parole and probation. In addition, any applicant convicted of a felony crime related to the real estate occupation or posing a threat to Public Safety will not be allowed to receive a license within ten years of completing sentence.

Any prior criminal activity will be disclosed to the Oklahoma Real Estate Commission during the provisional license application process. The license application asks for screening information. It will also appear in your background check.

Oregon

Can convicted felons get real estate license in Oregon?

Oregon requires all broker applicants to submit fingerprints for a state and national criminal records background check. According to state statutes, [nofollow/ newtab] a broker license “may be granted only to an individual who is trustworthy and competent to conduct professional real estate activity in a manner that protects the public interest. As a condition of licensing, the commissioner may require proof of competence and trustworthiness that the commissioner deems necessary to protect the public interest.”

If you are concerned about a prior conviction as grounds for denial, contact the Oregon Real Estate Agency before applying by calling (503) 378-4170 or emailing [email protected]

You will disclose any prior criminal activity through the initial broker license application. Additionally, after passing your exam, you will submit to fingerprinting and a background check.

Pennsylvania

Can a convicted felon get a real estate license in Pennsylvania?

Yes, you can still obtain a Pennsylvania real estate salesperson's license if you have a prior conviction. However, there is still a chance that your application may be delayed or denied by the Real Estate Commission.
You must submit the required documents along with your license application before the Commission will review your case.
At each Commission meeting, applications are reviewed and a decision is made whether to approve or preliminary deny your license application.
If your application is denied because of a prior conviction, the Commission will give you an opportunity to request an informal conference to further discuss your case.
The Commission will then review your application again at the next Commission meeting and make a second decision whether to accept or deny your application.

You may still obtain a Pennsylvania real estate salesperson's license if you have a prior conviction; however, you must disclose any past criminal activity with your license application, and submit the required documentation.
The Real Estate Commission does not pre-review cases to determine if an applicant's past criminal activity will prevent them from obtaining a license.

You must disclose any prior criminal activity to the Commission when it comes time to submit your license application.
You must also include the required supporting documentation before the Commission will review your case.
Unfortunately, the Commission does not pre-review applications, which means you must first complete the 75-hour pre-license course and pass the state exam before the Commission will review your case and determine if your license application will be approved or denied.

Rhode Island

Can convicted felons get real estate license in Rhode Island?

Rhode Island does not list any specific disqualifications for a prior criminal history. If you have questions, you should directly contact the Department of Business Regulation.

You are most likely to be disqualified from receiving a Rhode Island Real Estate salesperson license if your prior convictions have to do with dishonesty or untrustworthiness.

Your prior criminal activity will be revealed to the Commission when you make your license application. The application requires you to include a criminal history report from the Rhode Island Department of the Attorney General and answer some questions on the application itself.

South Carolina

Can a convicted felon get a real estate license in South Carolina?

In addition to submitting to a state and federal background check, you will be asked to respond to two questions on your application to take the state real estate license exam. [nofollow/ newtab] The first of these two questions asks you to disclose any criminal background history, other than traffic tickets.

It is important that you be truthful and thorough in your responses. You will need to provide documentation for any crimes in which you were found guilty, pled guilty or pled no contest.

Each application, as well as each incident, is considered on a case-by-case basis by the commission. Having a criminal record does not necessarily prevent you from being licensed. Since certain convictions are grounds for denial of licensure, you may be asked to appear at an application hearing before the commission. Before the criminal background review can begin, you will need to complete the pre-licensing requirements and submit your application examination.

When making your application to take the state real estate licensing exam, you will be asked to respond to a question specifically related to any criminal history you may have. It is important to respond truthfully. Any false information or refusal to disclose the requested information will almost certainly be revealed through the state and federal background check.

South Dakota

Can a convicted felon get a real estate license in South Dakota?

Whether you will qualify for a South Dakota broker associate license depends on the nature of your prior conviction. Your application can be denied for writing bounced checks, felony or misdemeanor convictions for moral turpitude, or being disciplined by a regulatory agency in relation to real estate activities.

Your broker associate license application will ask about your prior criminal activity. You'll need to disclose any previous convictions at this point in the process. Keep in mind that you have to submit fingerprints for a background check.

Tennessee

Can a convicted felon get a real estate license in Tennessee?

To be eligible for the affiliate broker examination or considered for licensure, at least two years must have passed from the date of expiration of probation, parole or occurred later. This restriction applies to all felonies as well as to misdemeanors that involve the theft of money, services, or property.

In spite of this, if a person possesses a certificate of employability pursuant to Tennessee Code, that person is not denied the issuance of a license based solely on their past record of criminal activity, but may instead be required to appear before the Commission for the purpose of the Commission considering on a case-by-case basis whether to grant or deny the issuance of the license.

If you have been convicted, pled no contest or found guilty of any criminal offense within the past 10 years, other than a traffic violation, this should be disclosed. This includes a DUI and reckless driving.

According to the Rules of the Tennessee Real Estate Commission, you will need to submit a copy of your conviction record as well as an affidavit providing details of each charge and the disciplinary action taken by the local, state or federal agency, as well as the factual and legal basis for each action.

If your background check does not reveal the current status or outcome of an arrest or charge related to a felony or a misdemeanor involving theft of services, money or property, and that charge was dismissed, not pursued or otherwise disposed of, you should submit certified copies of the court disposition or other acceptable documentation to the Commission for each such arrest or charge in question. If the court has no record due to the age of the record, you must request a letter from the court’s clerk stating the absence of records.

A conviction may impact your ability to become licensed in Tennessee. You may be asked to appear before the Commission so a determination can be made of whether the conviction, arrest or disciplinary sanction constitutes grounds for denial of a license, and whether the applicant may move forward with the licensing process. You should ensure your principal broker is present.

An applicant who appears before the Commission requesting licensure, and who is denied, will not be eligible for reconsideration for six months from the date of denial.

Rather than waiting until you take the state exam, you can petition the Tennessee Real Estate Commission for a preliminary decision even before you complete your pre-license education. You will need to submit the Application for Decision Regarding Prior Criminal Conviction(s) and/or Disciplinary Sanctions(s), which can be downloaded. You will need to email this form, as well as all requested documentation, to the Commission at [email protected] for their review. You will be notified of their decision.

The Tennessee Real Estate Commission expects applicants to disclose if they have been convicted, pled no contest or found guilty of any criminal offense over the last 10 years, other than a traffic violation. This includes a DUI and reckless driving, which are misdemeanors.

Texas

Can a convicted felon get a real estate license in Texas?

Yes, you can still obtain a Texas real estate salespersons license if you have a prior conviction.
The Texas Real Estate Commission recommends that you submit a Fitness Determination form prior to applying for a real estate license. This will allow TREC to review the circumstances surrounding your case and determine if you meet TREC’s qualifications of honesty, trustworthiness, and integrity.
Once TREC reviews your Fitness Determination form, they will let you know if they will ultimately accept your license application.

There is a non-refundable fee of $50 that must be submitted with the Fitness Determination form.
You are also required to submit a Background History form if you answered “Yes” to any of sections 9-14 of the Fitness Determination form.

A Background History form is used in conjunction with a Fitness Determination form, or any other application where you answer “Yes” to a question regarding a prior criminal offense, unpaid judgments, prior or pending lawsuits, performed any duties of a licensee without holding a proper license, or if you currently hold (or once held) a professional license.

The Background History form is used to provide more in-depth information regarding a past offense that should be disclosed to the Texas Real Estate Commission.

The Background History form asks for the following information:

• Employment history for the last five years.
• If you hold an out-of-state real estate license.
• Must include a license history signed by the appropriate state licensing agency.
• If you hold any other professional or occupational license.
• Must include a license history signed by the appropriate state licensing agency.
• If you have any outstanding judgments.
• Must include copies of all petitions, responses and judgments.
• Any criminal history you may have.
• Must submit copies of all indictments, information, charges, judgments, orders, motions to revoke and parole/probation/community supervision release.
• Any unlicensed activity.

Utah

Can a convicted felon get a real estate license in Utah?

The Utah Division of Real Estate can deny or restrict a license based on your conviction history. The Division of Real Estate will not issue a license if you have a felony conviction within the last five years or a misdemeanor showing evidence of moral turpitude, misrepresentation, or fraud within the last three years.

You must disclose any past criminal history to the Utah Division of Real Estate. Any applicant who is on parole or probation at the time of application for a crime that involves an act of violence or physical coercion shall need to provide documentation from two licensed therapists approved by the Division to the Commission stating you are no longer a danger to the public.

Vermont

Can convicted felons get real estate license in Vermont?

It’s possible to get a salesperson license with a prior conviction. Vermont’s Office of Professional Licensing takes into account if the crime was related to the profession, a felony, its seriousness, the time elapsed since the crime, and the nature of the crime.

Any prior criminal activity must be disclosed in the online application to the Office of Professional Licensing.

Refer to the Vermont Statutes Title 3, Chapter 5: Secretary of State, Subchapter 1: General Provisions. This discusses license denials with the Office of Professional Licensing. It doesn’t specifically list offenses that disqualify you, as it looks at the nature of the crime and its application to the profession.

Virginia

Can a convicted felon get a real estate license in Virginia?

Yes, you still may obtain a real estate license if you have a prior conviction; however, the Real Estate Board has the right to deny your application if they find that "the applicant is unfit or unsuited to engage" in the real estate profession.

Section 54.1-204 of the Code of Virginia states the following:
"A personal shall not be refused a license in any regulated occupation or profession solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license is sought. However, the Real Estate Board shall have the authority to refuse a license based upon all the information available, including the applicant's record of prior convictions, it finds that the applicant is unfit or unsuited to engage in the real estate profession."

You must disclose any prior criminal activity on your Virginia Salesperson License Application.
This means you cannot have the Real Estate Board review your case until you have completed the pre-license education requirements, passed the state exam, and submitted your fingerprints.

You must disclose any prior criminal activity in section 15 of the Virginia Salesperson License Application.
If you have any prior convictions, you must include the following information in section 15c:

• The state/jurisdiction where the conviction occurred.
• A description of the conviction.
• The type of conviction (felony or misdemeanor).
• The date of the conviction.
• The disposition (probation, parole, fine, sentence, etc.).
• The status of the conviction (incarcerated, on probation, or on parole)

According to section 15 of the Virginia Salesperson License Application, a conviction includes the following:

• Any local, state or federal misdemeanor and felony convictions (including moving traffic violations), and all military and foreign convictions.
• A guilty verdict by judge or jury, a plea of guilty, or a plea of nolo contendere (or "no contest").
• Convictions as a minor (under 18 years of age) if tried as an adult are also considered convictions.

Washington

Can a convicted felon get a real estate license in Washington?

When you make the application for your license, you will need to answer a series of criminal history and character assessment questions. It’s quite possible that a criminal record could affect whether or not you are issued a license.

If any of the questions hold true for you, then you will have to explain the circumstances by providing additional details. This includes specifying the date, location, offense, case number, and results, as well any other additional aspects of the incident that you want the department of licensing to know. You will be able to upload any supporting documents that help to explain your situation.

The licensing department will look primarily at four factors to make a determination as to whether or not to issue a real estate broker license. Those four factors are:

• Type of crime committed.
• When the conviction occurred. The department typically focuses most of its attention on convictions that occurred within the past 10 years.
• Whether or not the crime relates to the practice of real estate, and if so, in what way.
• Whether the conviction is a misdemeanor, felony or infraction.

Keep in mind that each case is considered on an individual basis. Because of that, providing a thorough explanation of any incident is likely to your advantage. Investigators may also reach out to you or others for additional information.

If your application is denied due to a past criminal record you’ll be notified and given directions with next steps that can be taken in the process.


The Department of Licensing expects you to disclose information about any gross misdemeanor or felony crime. You should not include traffic offenses.

The department will review cases on an individual basis and consider the seriousness of the conviction. In addition, it will take the level of the crime into consideration, as well as assess any mitigating factors brought forth during sentencing. Further, the department will look at any active or suspended jail time ordered, as well as any type of probation and its duration.

When making your application for a real estate broker license, you will be asked to respond to several questions regarding any criminal history. You should respond truthfully to these questions. Any falsehoods or refusal to disclose the requested information will almost certainly be discovered through results of a state and federal background check via required fingerprinting.

West Virginia

Can convicted felons get real estate license in West Virginia?

It depends on the nature of your conviction.

The West Virginia Real Estate Commission can deny a license application if the applicant has been convicted of a felony or engaged in acts that have resulted in professional negligence or represent a departure of the standards of professional conduct as noted in the West Virginia Code Statue 30-40–1.

You will disclose prior criminal activity in your application to the West Virginia Real Estate Commission. The application itself asks a few questions about your background. You also submit to a fingerprint and background check as part of the application process.

Wisconsin

Can a convicted felon get a real estate license in Wisconsin?

Yes, you can apply for a WI Real Estate Salesperson license even if you have a prior conviction. The DSPS requires an Application of Predetermination to be submitted before you apply for your WI Real Estate Salesperson license to determine whether or not you will be eligible to obtain a license.

You should disclose any prior criminal activity to the DSPS anytime before submitting a license application.This should be done by submitting an Application for Predetermination to the DSPS.

You must disclose your prior criminal activity by submitting a Form 2687 and an Application for Predetermination. It is mandatory to submit all the related documents along with the forms. You must also attach certified copies of the police report or criminal complaint and certified copies of judgement of conviction. If you’re unable to provide either of these documents, you must attach a personal statement declaring the same.

The DSPS considers the conviction of a felony, misdemeanor, and other violations of federal, state, or local law as past criminal activity. The following criminal activities will disqualify you from obtaining a license: assault with intent to commit rape, bribery, burglary, embezzlement, extortion, forgery, fraud, grand theft, murder, perjury, petty theft, possession of drugs for sale or transport, and tax evasion.

Wyoming

Can a convicted felon get a real estate license in Wyoming?

The Real Estate Commission can deny you a license if you have been convicted of any felonies related to real estate activities or for felony sexual offenses or violent crimes. If you have a prior felony conviction, you can be considered for certification 12 months after all of your sentencing, parole, or probation requirements have been completed.

You should disclose any prior criminal history to the Wyoming Real Estate Commission in your license application. Your background will be revealed to the Commission in the fingerprint report, so it is in your best interest to be honest and upfront. The commission makes licensing decisions on a case-by-case basis.

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