What disqualifies you from being a real estate agent in Florida? If you’re one of the people that often ask this question, this article will be really helpful. The Department of Real Estate needs you to present an application to the board to get your professional license once you have passed your real estate agent tests.
You must also go through a thorough background check as part of the procedure. The DRE is on the lookout for anything that might jeopardize the industries and board’s integrity and safety. This is the most difficult earning a real estate license for many real estate aspirants.
They are concerned that previous blunders may reemerge and obstruct their real estate future. Fortunately, you may not get disqualified from being a real estate agent because of prior blunders. Here’s how to access your real estate license even if you have a criminal past.
DRE Background Checks: What you need to know
The DRE looks for felony offences “substantially connected to the qualifications, responsibilities, or obligations of a real estate licensee” while conducting background checks on candidates. Although the board will consider your background, minor infractions that you’ve previously resolved may not be a barrier to your career.
The DRE considers your beliefs related to your employment and the real estate business. The board will also look into any allegations of sexual misconduct you have.
According to the DRE, any offences involving sexually-related activity impact a person who is a witness or non-consenting partner in the action or sentences. This may need registration under Penal Code Section 290. These flaws may result in a refusal of your application.
What Disqualifies You from Being a Real Estate Agent in Florida?
If you reside in Florida and have a felony conviction, you may believe that getting a real estate license is impossible. That is not the case. If you have a felony record, the entry process may be more difficult.
Certain crimes are a deal-breaker, and others aren’t. You need to learn if you have a felony before beginning your pre-licensing study.
Managing the background investigation
The licensure application procedure includes a fingerprinting card and a background check. This is a regulation in place to keep us all safe. Consider that for a moment. You will have entry to a person’s house as a real estate agent.
You’ll be at other people’s houses with folks you’ve never met before. You will also have access to personal data and large quantities of money. As a result, personality is crucial.
You answer questions regarding your criminal history when you fill out your fingerprint card. It is critical to be truthful and honest. As previously stated, certain crimes are more serious than others, but not all are life-threatening.
You don’t have to mention minor traffic tickets or felonies that have gotten erased. However, all misdemeanours and felony crimes must get included. You must also include details regarding the final judgment and any penalties paid.
If evidence of your crime gets found
The Florida Commission of Business and Professional Regulation receive your criminal information. This institution supervises the Florida Real Estate Authority. It will assess the board of directors and recommend the real estate commission.
The panel will then analyze the evidence and make suggestions at its next meeting. You may get asked to provide more details by the board. This procedure may cause some delays.
You may require additional time to collect data for the board, and the board may require additional time to review the information.
Crimes that will prevent you from becoming a Florida real estate agent
The type of crime you committed and how long ago it occurred to determine whether or not you can get a realtor license in Florida. A crime involving moral turpitude, a crime against a youngster or adult, or a sexual offence is likely to be a deal-breaker.
These are capital or first-degree infractions that often result in outright denials. Some minor crimes carry a term of disqualification. This is a moment when you are unable to apply for a license. It might take five, ten, or even fifteen years in certain circumstances.
Criminal nuisance, trespassing, theft, and the selling of explosives are examples of lesser crimes. You may be able to acquire your license if enough time has elapsed.
The real estate commission seeks evidence of high moral character. For example, you’ve got a greater chance of getting your license if you committed a smaller offence more than 20 years ago.
Even if it was a minor offence, your prospects are slim if you committed it more than a year ago. According to Florida laws, if you apply for or already hold a real estate license but do not inform the board within 30 days after being convicted of a crime, your application will be refused and your license will get terminated. If you have a criminal past and have doubts about applying for a real estate license, you should get legal guidance.
Every situation is unique. It’s tough to get a definite response right away, but a lawyer can at least assist you through the procedure.
Appealing a denial of your application
Even though the DRE is searching for job-related offences, it’s still critical to provide this information upfront. As previously stated, applicants who fail to reveal they’re criminal background are extremely likely to be refused.
Your personal and professional honesty and integrity are always important as a member of the real estate business. It won’t go well if you attempt to start your profession by concealing the facts.
The DRE will find out, and it might jeopardize your ability to earn a real estate license. You still have over 60 days to appeal the DRE’s judgment if they discover anything on your record and deny your license.
You may seek a hearing with the board and present your case throughout this procedure. You’ll need the help of a skilled licensed defence lawyer at this time.
Attorneys specializing in license defence have a lot of experience dealing with the DRE and know how to appeal a refusal. They can assist you in gathering the relevant papers and even cleaning up your rap sheet if necessary.
Who determines eligibility for a real estate license?
If there are just a few minor infractions, the commission will put your application on the Consent Agenda. In addition, if a sufficient amount of time has elapsed since the offence, the commission may put you on the Consent Agenda.
The Florida Real Estate Commission members will discuss the applications on the Consent Agenda at their next monthly meeting. If there are no objections, the Florida Real Estate Commission will accept your application.
A commissioner may sometimes request further data on an application. The board will hold a hearing in this matter, if your infractions are more severe, recent, or many, the commission may schedule a hearing right away. For hearing assistance, you should seek legal counsel.
You will be allowed to explain your history to the Florida Real Estate Board at the hearing. Any grounds that might enable you to get a license should get presented.
During the hearing, the commission often approves a large number of petitions. However, if the board judges that the violations were too serious, the application may be denied.
Frequently Asked Questions
What disqualifies you from being a real estate agent in Florida?
You may get disqualified if you get convicted of breaking federal or state fair housing rules, forgery, corruption, breach of trust, or theft. This is in addition to gaining money or property via deception, extortion, fraud, and defrauding conspiracies.
Furthermore, you may get disqualified if you get convicted of a felony sex-related or felony drug-related offence.
In Florida, how far back do checks go?
The FCRA regulates how far back pre-employment background investigations may go in Florida and elsewhere. Under this legislation, CRAs get prohibited from disclosing arrest records that did not result in a more than seven-year-old conviction to get utilized in employment choices.
Is it possible to work as a real estate agent if you have a criminal record?
People with prior crimes or misdemeanours do not automatically get disqualified from obtaining a real estate license; nevertheless, you must seek a waiver or permission from the state’s real estate board. As part of your application, most states need a fingerprint-based background check or a criminal history report.
Which conditions must an applicant meet to get considered for a Florida real estate license?
Applicants for a realtor license must be 18 years old and have completed high school or equivalent education in Florida. A Florida real estate certification applicant does not have to be a state resident.
In conclusion, being a real estate agent comes with various merits. On the other hand, some situations can result in disqualification for you. At this point, the above highlight on what disqualifies you from being a real estate agent in Florida will aid you immensely.
Sheena Whitlock, a property expert, and blogger with over 15 years of experience in the field. The knowledge and skills Sheena has acquired during her career have given her invaluable insight into the property management business.
She has done her Property Development BSc (Hons) from the University of Portsmouth and completed her Master’s Degrees in Property Management from the University of Chicago.
As a professional, she has spent time working for various companies as a property management officer and currently works at Asset Info Hub where she shares her knowledge and experience on various property matters with people around the world, questioning their queries via blogging and virtual consulting services.