CAN YOU GET A REAL ESTATE LICENSE IN TEXAS WITH A CRIMINAL RECORD?
Yes, you can be a real estate agent in Texas if you have a criminal record. A criminal record is not an automatic disqualification to obtaining or maintaining a Texas real estate license. The Texas Real Estate Commission (TREC) can consider denying a real estate license for certain criminal offenses it deems directly related to the duties and occupations of a real estate sales agent or broker. These offenses are set forth in commission rule 541.1(a).
TOP 10 CRIMES THAT CAN DISQUALIFY YOU FROM GETTING TEXAS REAL ESTATE LICENSE:
Criminal conduct involving lying, cheating, and stealing – commonly referred to as crimes of moral turpitude – are most likely to prevent someone from obtaining a real estate license in Texas. Here are the top 10:
- offenses involving fraud or misrepresentation;
- offenses involving forgery, falsification of records, or perjury ;
- offenses involving the offering, paying, or taking of bribes, kickbacks, or other illegal compensation;
- offenses against real or personal property belonging to another;
- offenses against the person;
- offenses against public administration;
- offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;
- offenses in violation of Chapter 21, Texas Penal Code (sexual offenses);
- felonies involving the manufacture, delivery, or intent to deliver controlled substances;
- felonies involving driving while intoxicated (DWI) or driving under the influence (DUI).
TEXAS REAL ESTATE COMMISSION RULES ON CRIMINAL HISTORY
TREC considers all criminal history, but past criminal conduct does not automatically disqualify a candidate from getting a license. In Texas, everyone is evaluated on a case-by-case basis. The commission considers all crimes, among other factors, in determining license eligibility. Specifically, Texas Occupations Code § 53.023 requires the commission to evaluate:
- the extent and nature of the person’s past criminal activity;
- the age of the person when the crime was committed;
- the amount of time that has elapsed since the person’s last criminal activity;
- the conduct and work activity of the person before and after the criminal activity;
- evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release;
- evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision; and
- other evidence of the person’s fitness, including letters of recommendation.
TEXAS REAL ESTATE COMMISSION FITNESS DETERMINATION PROCESS
Interested candidates who may be worried about a criminal record can submit a preliminary fitness determination inquiry to determine eligibility before expending the resources associated with a formal real estate license application.
- What disqualifies you from being a real estate agent in Texas? Candidates who cannot demonstrate they possess a character of honesty, trustworthiness, and integrity are disqualified from being a real estate agent in Texas. There is no list or number of crimes that automatically disqualifies a candidate but the commission can consider whether certain criminal conduct demonstrates the applicant lacks the requisite honest character.
- What is Texas Real Estate Commission Rule 535.52(b)? TREC Rule 535 contains a list of conduct that tends to demonstrate a lack of honesty, trustworthiness, and integrity, including providing false or misleading information to the commission or failing to pay a court or lawsuit judgment. Read the full list here.
- How far back does a real estate background check go in Texas? All the way. TREC background checks review the entirety of a candidate’s criminal record including cases older than 30 years. However, the commission does give greater weight to recent crimes when evaluating a candidate. Additionally, a criminal record subject to an expungement order will not appear on a TREC background check.
CAN YOU BE A REAL ESTATE AGENT WITH A DUI IN TEXAS?
Yes, a person can get a real estate license with a DUI in Texas. The Texas Real Estate Commission does not deem a class C misdemeanor DUI as directly related to the duties and occupations of a real estate sales agent or broker. Repeat violations, like a DWI 3rd Offense can trigger a denial and even a revocation of a Texas real estate license in certain circumstances.
- Can you get a real estate license with a misdemeanor in Texas? Yes, most misdemeanors will not trigger denial of a real estate license, except for offenses of moral turpitude and those involving fraud. Two common misdemeanors of moral turpitude or fraud are Assault involving domestic violence, and Theft.
TOP 5 THINGS TO INCLUDE IN CHARACTER LETTER FOR TEXAS REAL ESTATE COMMISSION
TREC accepts character letters from applicants. TREC holistically assesses applicants with criminal history to determine whether they meet the required character and fitness criteria. In determining what to include in a character reference letter for TREC, it’s important to demonstrate proof of rehabilitation and provide specific instances of positive character.
- Introduction: Provide a brief introduction about yourself and your relationship with the applicant, including how long you’ve known them.
- Character: Provide your opinion of the applicant’s character based on their behavior, values, traits, and any charitable deeds.
- Fitness: State your opinion of whether the applicant is fit to have a real estate license, including their knowledge level, integrity, and relevant skills.
- Rehabilitation: State your opinion of whether the applicant has been fully rehabilitated.
- Examples: Provide specific examples that support your opinions, based on skills and qualities you’ve personally observed.
- Recommendation: Offer a clear and positive recommendation for the applicant.
WHAT ARE THE REQUIREMENTS TO BECOME A REAL ESTATE AGENT IN TEXAS?
The requirements to get a Texas real estate license include being a citizen of the United States or lawfully admitted alien, being 18 years of age or older, and meeting TREC’S character criteria of honesty, trustworthiness, and integrity. Qualified candidates can then submit their real estate license application online.
Applicants must also complete 180 hours of qualifying real estate courses, pass the real estate licensing exam, and get their fingerprints taken for a criminal background check. Candidates must then secure an active broker as a sponsor in order to obtain an officially active real estate license in Texas.
CAN YOU GET A REAL ESTATE LICENSE WITH A FELONY IN TEXAS?
Yes, you can be a real estate agent in Texas with a felony. A felony is not an automatic real estate license disqualification, but it may create some hurdles to eligibility. When evaluating a candidate with a felony, TREC will consider the entirety of the applicant, including evidence of rehabilitation and whether the felony directly relates to the duties of a real estate sales agent. Of particular concern, are felony convictions of fraud or misrepresentation, forgery, bribery, and sexual offenses.
Interested candidates who may be worried about a felony record can submit a preliminary fitness determination inquiry to determine eligibility before expending the resources associated with a formal real estate license application.
- What professional license can a convicted felon get in Texas? Convicted felons can get a real estate license in Texas. Applicants must demonstrate a character of honesty, trustworthiness, and integrity, their criminal record notwithstanding. Successful candidates will exhibit substantial evidence of rehabilitation and character references, including testimony from colleagues, associates, and family.
CAN YOU GET A REAL ESTATE LICENSE WITH A DWI MISDEMEANOR IN TEXAS?
Yes, you can get a real estate license in Texas with a DWI conviction. Repeat offenses, like felony DWI will raise substance abuse concerns. The Texas Real Estate Commission can cancel, revoke, or deny a real estate license to any applicant it believes has a substance abuse addiction which compromises their ability to execute their duties with honesty, trustworthiness, and integrity.
- Can you be a realtor with a criminal record in Texas? Yes, a person can be a realtor with a criminal record in Texas as a criminal background is not an automatic bar to eligibility. There is no crime or list of crimes that automatically disqualifies an applicant. In making a determination, TREC assesses whether certain offenses directly relate to a candidate’s ability to practice their profession with the required candor. The most important eligibility criteria is a character of honesty, trustworthiness, and integrity.
- Which conviction would be most likely to disqualify an applicant for a real estate license? A recent felony conviction for fraud, misappropriation, forgery, theft, or bribery directly related to a real estate transaction would be most likely to disqualify an applicant for a real estate license. Sexually violent offenses are also significant bars for Texas eligibility.
HOW TO GET A BACKGROUND CHECK FOR A TEXAS REAL ESTATE LICENSE?
Applicants must submit fingerprints for criminal background check by first obtaining an IdentoGO ID from the TREC website. Applicants can then then visit the IdentoGO website to find an available location and schedule a fingerprinting appointment. Fingerprints are submitted to the Texas Department of Public Safety, which then returns results to the commission.
- How long does a background check take for Texas real estate license? Texas Real Estate Commission background checks take up to approximately 2 weeks. The processing time can take longer if TREC determines further investigation is needed into the applicant’s criminal history.
- How far back does Texas go on background checks? All the way. Texas background checks review the entirety of an individual’s criminal record. There is a common misconception that a background check only reviews the previous 7 years. This is not true. Texas criminal records are permanent even when a case is dismissed. The only way to remove a criminal record in Texas is by expungement.
HOW DO I LOSE MY REAL ESTATE LICENSE IN TEXAS?
Severe, unethical misconduct including felony fraud convictions can cause a realtor to lose their real estate license in Texas. Additionally, the commission frequently suspends licenses for intentional, incompetent, and negligent acts resulting in pecuniary loss to others. An extensive list of grounds for revocation or suspension of a Texas real estate license is found in Texas Occupations Code § 1101.652.
CAN YOU PRACTICE REAL ESTATE IN TEXAS WITHOUT A LICENSE?
No. It’s illegal to practice real estate without a license in Texas. Practicing real estate without a license is a class A criminal misdemeanor, punishable by up to one year of jail and a maximum $4,000 fine.
- Can you sell homes without a real estate license in Texas? Yes, certain individuals in Texas may sell homes without a real estate license with some limitations as provided in Texas Occupations Code § 1101.005. People who may sell homes without a real estate license include:
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- The owner of the home.
- Attorneys who are licensed in the state.
- Individuals acting pursuant to a power of attorney, provided they sell no more than 3 homes annually.
- A public official acting pursuant to their public duties.
- A licensed auctioneer conducting a real estate auction so long as they perform no other brokerage service.
- A person acting pursuant to a court order or the authority of probate, a will or written trust instrument.
Practicing real estate without a license is otherwise a criminal offense punishable by jail and a potentially permanent and devastating conviction.
WHAT IS THE MOST COMMON COMPLAINT FILED AGAINST REALTORS?
Common complaints against realtors include failure to disclose material information about real property, misrepresentation of real property, negligence related to due diligence, real estate appraisals, and home inspections, and failure to act in the client’s best interest. The Texas Real Estate Commission is tasked with investigating complaints and issuing discipline as appropriate.
- What is unethical realtor behavior? Unethical realtor behavior includes a variety of conduct like misrepresentation of a property, failure to present all purchase offers, and forgoing a client’s best interest. The National Association of Realtors offers a code of ethics for guidance.
- What is an ethical violation in real estate? Chapter 1101 of the Texas Occupations Code provides a nonexhaustive catalog of prohibited conduct for licensed realtors which includes dishonest transactions, negligent management of client money, mortgage loan fraud, and prohibited payments of commission fees.
TEXAS REAL ESTATE LICENSE WITH CRIMINAL RECORD REQUIREMENTS?
The main requirement for real estate license applicants with criminal records is that they establish a good character of honesty, trustworthiness, and integrity. A criminal record is not an automatic disqualification even with those offenses TREC considers directly related to the profession. The commission will nonetheless emphasize evidence of rehabilitation and good character when assessing an applicant.
- Real estate license disqualification Texas? There is no single disqualification for a real estate license in Texas, other than eligibility requirements that a candidate be older than 18 years of age and a United States citizen or lawful alien. Instead TREC evaluates all applicants on a case-by-case basis, assessing always for an honest and trustworthy character.
TEXAS REAL ESTATE LICENSE WITH CRIMINAL RECORD TEST?
The Texas Real Estate Commision evaluates applicants with a criminal record on an individual basis by gauging:
- The extent and nature of the person’s past criminal activity.
- The age of the person when the crime was committed.
- The amount of time that has elapsed since the person’s last criminal activity.
- The conduct and work activity of the person before and after the criminal activity.
- Evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release.
- Evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision.
- Other evidence of the person’s fitness, including letters of recommendation.
TREC BACKGROUND CHECK REQUIREMENTS?
All Texas real estate license candidates must undergo a fingerprint background check as part of their application process. Fingerprints are assessed by the Texas Department of Public Safety, which cross references against FBI databases. While felony convictions and crimes deemed directly related to the duties of a real estate agent are not automatic disqualifications, all applicants must prove a character of honesty, trustworthiness, and integrity to obtain a real estate license in Texas.
EXPUNGE YOUR RECORD BEFORE TREC APPLICATION
Don’t let the past hold you back. Expunging criminal charges from your record puts you in a better position to obtain a Texas real estate license, and employment with a brokerage after licensure. Trey Porter Law has successfully expunged records for aspiring licensed professionals all across Texas. Learn more about TPL’s fast, affordable, expunction process here.
