Can you get a real estate license with a felony?

The rules

• State real estate commissions decide whether a conviction disqualifies you, usually under a good-character or fitness standard reviewed case by case.^1,2,3

  Florida requires applicants to be 'honest, truthful, trustworthy, and of good character' (s. 475.17(1)(a)). Texas lets TREC deny a license to an applicant who fails to satisfy it as to fitness, including for a guilty or no-contest plea or conviction for an offense in its criminal offense guidelines (22 TAC 535.52). New York says no one convicted of a crime is entitled to a license unless the Secretary of State finds, under all applicable law including Correction Law Article 23-A, that the convictions are not a bar (Real Property Law 440-a).

• Offenses involving fraud, misrepresentation, theft or other dishonesty are the ones commissions most often treat as related to real estate work.^4,5

  TREC treats a conviction or deferred adjudication for listed categories as directly related, including offenses involving fraud or misrepresentation, theft-type offenses against another's property, offenses against the person, Penal Code Chapter 21 sexual offenses, felony drug manufacture or delivery, and felony DWI/DUI (22 TAC 541.1(a)). California's DRE deems crimes involving fraud, forgery or willful violation of the real estate law substantially related (10 CCR 2910, as reproduced on DRE form RE 222).

• Applications ask about convictions and pleas, and commissions run fingerprint checks, so assume your full record will be seen.^6,7

  Florida's application rule requires disclosure of any conviction, guilty finding, or guilty or no-contest plea 'regardless of adjudication,' and digital fingerprints (Fla. Admin. Code 61J2-2.027(2)-(3)). California's DRE says to disclose convictions 'regardless of how long ago they occurred' and whether or not they were dismissed or expunged, and runs DOJ and FBI fingerprint checks; it warns that non-disclosure may be treated as an attempt to obtain a license by fraud.

• Some states let you ask the commission before you apply whether your record will keep you out.^8,9

  Texas: you can ask TREC to evaluate your eligibility on a Commission form with a fee (22 TAC 541.2, implementing Occupations Code Chapter 53 Subchapter D and section 1101.353); TREC's 'Fitness Determination' page is the entry point. Pennsylvania: Act 53 of 2020 lets you request a preliminary determination from a licensing board ($45, waivable; issued within 45 days). The California and Florida pages read did not describe a pre-application option.

• There's no national rule, but several states have fair chance licensing laws that limit commissions to job-related convictions and require them to weigh rehabilitation.^9,10,11,12

  New York Correction Law 752-753 bars license denials based on a prior conviction unless there is a direct relationship or an unreasonable risk, and lists factors to weigh. California's AB 2138 (Business and Professions Code 480, operative July 1, 2020) generally limits boards to convictions within seven years, with exceptions, and bars denials based on dismissed convictions or arrests. Pennsylvania's Act 53 bars boards from denying licenses on vague 'good moral character' or 'moral turpitude' grounds, has each board publish a schedule of offenses (marking which are directly related), and requires an individualized assessment for offenses not on the schedule.

What can stand in the way

• Leaving a conviction off the application can sink it even if the conviction itself wouldn't have.^2,7

  California's DRE says failure to disclose may be viewed as an attempt to obtain a license by fraud or misrepresentation and could result in denial. TREC lists providing false or misleading information as a fitness ground (22 TAC 535.52(b)(3)).

• A very recent conviction is hard to overcome.⁵

  California's DRE rehabilitation criteria say that less than two years since the most recent criminal conviction is inadequate to show rehabilitation, and the period can be longer depending on the crime and history (10 CCR 2911(a)(1)(A), on RE 222).

• Mortgage lending work has a stricter rule.⁵

  In California, no mortgage loan originator endorsement may be issued to someone convicted of any felony in the seven years before applying (10 CCR 2911(b)(1), on RE 222). That applies to the endorsement, not to the basic salesperson license.

• Deferred adjudication can count like a conviction.⁴

  In Texas, a deferred adjudication deemed a conviction under Occupations Code 53.021 is treated as a conviction for TREC's listed offense categories.

Waivers and exceptions

• Time and good conduct can overcome a past record.^1,4

  Florida law lets the commission find an applicant qualified despite past conduct if, 'because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient,' the public and investors will not likely be endangered (s. 475.17(1)(a)). TREC weighs time since the last criminal activity, rehabilitation, compliance with supervision and recommendation letters (22 TAC 541.1(d)).

• Arrests without a conviction, and some cleared convictions, shouldn't be held against you in the states checked.^4,5

  TREC 'does not consider an arrest that did not result in a conviction' (22 TAC 541.1(f)). California's DRE requires no rehabilitation showing where the only basis for denial is a conviction expunged as described in B&P 480(c) (10 CCR 2911(a)(1)(B)(ii)), even though it still asks you to disclose it.

• In New York, a certificate of relief from disabilities or of good conduct creates a presumption of rehabilitation.^3,11

  Correction Law 753(2); the Secretary of State must apply Article 23-A when deciding whether a conviction bars a real estate license (Real Property Law 440-a).

• A denial can usually be challenged.⁷

  California's DRE says you can ask the Commissioner to reconsider (Government Code 11521) or seek judicial review (Government Code 11523).

How states handle it

Mostly state: there is no federal license for real estate agents. Each state's commission sets its own standards, offense guidelines and procedures, and state fair chance laws differ. Check the commission in the state where you want to work.

• Texas

  TREC treats listed offenses (fraud, theft-type and property offenses, offenses against the person, sexual offenses, felony drug delivery, felony DWI) as directly related, weighs time and rehabilitation, ignores arrests without conviction, and lets you request an eligibility evaluation before applying.⁸

• Florida

  The Florida Real Estate Commission requires good character, requires disclosure of convictions and pleas regardless of adjudication, and can approve applicants with a record when lapse of time and later good conduct show the public won't likely be endangered.¹

• California

  California's DRE fingerprints every applicant, requires disclosure of all convictions (even dismissed or expunged ones), treats fraud, forgery and real estate law violations as substantially related, and generally considers less than two years since the latest conviction too soon to show rehabilitation.⁷

• New York

  New York's Department of State can license someone with a criminal conviction only if the Secretary of State finds, applying Correction Law Article 23-A, that the convictions are not a bar.³

What to do next

1. Get your full criminal record and certified court dispositions for every case.
2. Find your state's real estate commission or department and read its criminal-history guidance, offense guidelines and application questions.
3. Compare your offenses to what that state treats as related to real estate (usually fraud, theft, forgery and other dishonesty, plus some violent, sexual and drug-distribution offenses).
4. If your state offers a pre-application determination (for example TREC's fitness determination in Texas, or a Pennsylvania Act 53 preliminary determination), request it before paying for pre-licensing courses.
5. Check whether your state has a fair chance licensing law and whether you can get a certificate of rehabilitation, relief or good conduct, a pardon, or an expungement that the law recognizes.
6. Collect rehabilitation evidence: proof that your sentence, probation, fines and restitution are complete, employment history and recommendation letters.
7. Answer every criminal-history question on the application fully, including dismissed or expunged matters if the application asks for them.
8. If denied, read the notice for your right to reconsideration, a hearing or court review, and the deadline.

Where to ask

• TREC fitness determination (Texas)

  Find out before applying if your record will keep you from a Texas license.

• California DRE: avoid denial of your application

  What California requires you to disclose.

• Pennsylvania Act 53 preliminary determinations

  How to ask a Pennsylvania board whether a conviction is directly related.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.