In Texas, committing a crime does not automatically preclude you from holding a real estate license. To establish if an applicant is eligible to become a licensee, they are assessed case-by-case. Before completing a course or application, the Texas Real Estate Commission (TREC) suggests that any potential candidate with questions about their eligibility submit documentation for a Determination of Moral Character. Now the question is can you get a real estate license with a felony in Texas.
This process costs $50, which is significantly less than studying for and applying for a real estate license; knowing ahead of time is preferable. TREC will review your documents for at least 30 days. TREC Rule 545.1 (BC) states that the commission will make its decision based on the following factors:
- The nature and gravity of previous criminal action
- What impact does the offense have on your ability to work as a real estate agent?
- The age at which you get involved with that felony, as well as the length of time since you did it.
- Your actions and work before and following the offense.
- Your adherence to the terms and conditions imposed by the court.
- Rehabilitative evidence
- Letters of recommendation might serve as proof of your current fitness.
Can you get a Real Estate License with a Felony in Texas?
In Texas, it is legal to be granted a real estate license with a felony conviction. To secure a real estate license in the state of Texas, applicants must have been convicted of all charges and not just one specific charge. Applicants can apply for a waiver if they have been charged with a felony, but not all felonies are eligible for this waiver. The following conditions must be met for an applicant to be eligible for a waiver:
The conviction must have been outside of Texas and if it has occurred within the state. The applicant must wait for at least 10 years after completing all punishments before applying for a waiver.
If an applicant has multiple convictions, they must receive approval from each board member to sign off on the waiver. The board members will judge their eligibility based on who believes they can be rehabilitated and become good agents.
Suppose there is any reason to believe that you cannot complete this process without committing another offense. In that case, you should wait until you are eligible for a pardon for your crimes before attempting to secure a license as a real estate agent in Texas.
Before taking out a license as a real estate agent in Texas, applicants must disclose all felony convictions to their broker and to any agency under which they will be licensed. Applicants must not have a conviction for a felony in the last five years that involves moral turpitude or an offense in which a person knowingly made a false statement concerning real estate.
Previously, applicants were required to disclose any misdemeanor convictions, but this was considered too invasive by many who believed it would discourage applicants from seeking licensure if they had been arrested before starting their career as a real estate agent. In January of 2017, Texas abolished this requirement.
Applicants cannot apply for a waiver until after the final judgment has been entered in court, and when applying for a waiver, you must also fill out an affidavit stating when you will apply for your pardon.
With a DUI, can I get a Texas Real Estate License?
Unfortunately, a crime involving driving while intoxicant (DWI) or driving under the influence (DUI) recognize as a red flag offense. However, this does not eliminate out the possibility. If you can demonstrate that your drunken driving days are over, you may be able to recover your driver’s license.
What other offenses are most likely to prevent you from getting approve for a Texas real estate license?
Offenses that directly reveal that you are not qualified to fulfill the duties and obligations required by a real estate license are the ones that are most likely to disqualify you.
This includes the ability to represent another person’s interests with honesty, reliability, and integrity.
This list contains, in addition to DUI/DWI, the following:
- Controlled substance manufacturing, delivery, or intent to deliver.
- Fraud, misrepresentation, forgery, falsification, fabrication of records, perjury, and payment or acceptance of bribes, kickbacks, or illicit payments is examples of moral turpitude crimes.
- Offenses against another person’s movable or immovable property, a person, or the government administration.
- Without legal permission, sell or dispose of another person’s moveable or immovable property.
- Offenses involving sexuality
- Attempting to commit, scheming to perpetuate, or aiding or abetting any of the crimes above.
- Multiple offenses, whether from the same or distinct criminal statutes.
What does a Background Check Reveal?
It varies depending on the sort of background check, so check your state’s real estate licensing application and background check requirements for more information. However, in general, you can include the following:
- Maiden names, aliases, and nicknames are all part of your essential information.
- Residential data dating back seven to ten years
- Convictions for felonies, misdemeanors, and sex offenses from a specific period
- Deeds, docket numbers, judgments, and orders, as well as court records and arrests
- Records of incarceration
- Warrants and charges are pending.
- Tax liens, either civil or federal
- Judgments rendered in civil or federal courts
- Bankruptcies on a state or federal level
Only convictions are included in some states’ background checks.
To put it in another way, the background check only discloses instances that a guilty plea or conviction resolves. It’s possible that charges haven’t been filed yet. Alaska, California, Indiana, Kentucky, Massachusetts, Michigan, and New York are among them.
A real estate background check goes how far back?
Your residence and place of employment determine the length of your background check. Unless your state has enacted legislation limiting it, it is either comprehensive or endless. California, Colorado, Nevada, and Texas are states with a seven-year limit on criminal background checks.
There are certain exceptions: if you seek a job with a specific wage, the employer may go back further. Employers in California can look back ten years for compensation exceeding $125,000.
The time limit does not apply to wages over $75,000 in Colorado and Texas. Background checks can go back ten years in a small number of jurisdictions, including the District of Columbia.
Should you disclose information that will not appear in your background check?
Lying or omitting criminal breaches will terminate your employment sooner or later, and keeping your record hidden is difficult these days.
The real estate commission could discover your omission in other ways, or it could discover and report to the commission by someone else.
It could be wise to err on the side of disclosure.
After the application has been approved, what happens?
After passing the review board and receiving authorization to proceed with your license application, you must follow the same stages as everyone else.
In most cases, this entails taking the requisite pre-licensing classes, filling out an application, and passing your license exam.
Pre-licensing classes vary in length depending on the state.
In Texas, you require 180 hours of coursework, but in California, you need 135 hours. Some states, such as Florida, require substantially less time, such as 63 hours.
In several states, they offer pre-licensing packages that the commission authorizes. You can purchase the courses separately or in combination with licensure exam preparation for the best value.
They even offer on-demand online proctoring for your convenience in locations like Texas. Where final pre-licensing courses must protect.
Getting a Real Estate License in Texas
- Citizen of the United States or a legitimately accepted alien.
- You must be at least 18 years old.
- Meet the Texas Real Estate Commission’s honesty, trustworthiness, and integrity requirements.
- Send in your application.
- Send your fingerprints.
Frequently Asked Questions
Can you get a real estate license in Texas if you have a DWI?
You require a license to practice real estate in Texas. You must complete classroom hours, pass a pre-licensing exam, and submit an application to the Texas Real Estate Commission to earn a Texas real estate license. In addition, you will also need a sales agent’s license and a broker’s license to sell real estate in Texas.
What is the salary for real estate agents?
The average real estate agent compensation varies by state, but it generally runs from $43,000 to $100,000 per year. Because they calculate the commissions on the property’s value, the higher the commission, the more money real estate agents make.
Can I get a real estate license with a DUI?
A felony involving driving when in intoxication (DWI) or driving under the influence (DUI) unfortunately regard as a red flag violation.
That does not, however, rule out the possibility. You may be able to reclaim your driver’s license if you can show that your drunken driving days are behind you.
Can I be a mortgage broker if I have a criminal record?
To hold one of the following degrees: bachelors, master’s, diploma, engineer, architect, technical engineer, technical architect; or the Ministry-issued Official Title of Real Estate Agent. Not having a criminal background is a plus.
Can I be an estate agent with a criminal record?
When you apply for a real estate license in Texas, the Texas Real Estate Commission (TREC) looks into your criminal past.
Their purpose is to evaluate if you are ready to go forward and can be a trustworthy real estate agent, even if you have committed a crime in the past.
TREC may take into account the following factors:
When do you have a criminal record at that age?
- Any criminal activity’s scope and type.
- Previous work experience
- Completion of probation or community service under the supervision of a parole officer.
- Any evidence of rehabilitative attempts.
- The prosecution, law enforcement, or correctional officers’ letters of endorsement.
Suppose you have a criminal offense on your record. In that case, you must submit a Moral Character Determination Form, a Background History Form, and the appropriate fees to TREC before applying to become a real estate broker in Texas.
The TREC will use these documents to determine whether you are eligible for a real estate license. Above all, if you have a criminal past and choose not to declare it, they may bar you from acquiring a driver’s license in Texas. That is why it is critical to complete the correct forms and to be truthful.
You can get a real estate license even if you had a lawsuit or committed a felony before. Many states will do a felony review if you have a felony record, in which they will examine your recent employment history, including jobs you held before and after your conviction, as well as your character to see if you display trustworthiness and honesty.
Because there are so many states, rather than listing which states allow convicts to hold a real estate license, we’ve compiled a list of places where obtaining a real estate license with a conviction may be more difficult. Arizona, Alabama, California, Georgia, Michigan, and North Carolina are among these states.
We believe it is crucial to point out that 50 percent of felons become real estate salespeople countrywide. The good news is that even if you have a felony conviction, you can still work as a real estate agent. Some states may make it a little more difficult for those with criminal records by imposing additional restrictions. Hope you have learned can you get a real estate license with a felony in Texas.