Can You Get an Alabama Real Estate License with Violations such as Felony, DUI or Misdemeanor?
In Alabama, certain types of crimes may render you ineligible to receive your real estate license, but nothing is definitive.
That’s why it’s best, if you do have a criminal record, to know in advance what to expect and what you can do to increase your chances of licensure.
Keep reading to learn everything you need to know about getting your real estate license in Alabama even if you have a felony, misdemeanor, or DUI on your record.
Should I Pass a Background Check for an Alabama Real Estate License?
Background checks are a required part of the real estate licensing process in Alabama.
You must get fingerprints through Gemalto in order to start the background check process. The cost is $48.25.
For a complete breakdown of the licensing fees involved, read our article — How Much Does It Cost to Get a Real Estate License in Alabama?
Once you get your fingerprints, Gemalto runs your background report and sends it to the Alabama Real Estate Commission (AREC).
The report is only valid for 30 days though, so if there are any delays in your application review, you may have to pay for fingerprints more than once.
Can You Get a Real Estate License with a Felony in Alabama?
Whether or not you get a real estate license in Alabama with a felony on your record is entirely up to the AREC.
They will judge your situation and evaluate whether you can still be both trustworthy and competent enough to act as a salesperson or broker.
Where you’re at higher risk of a denial is if your crime involves moral turpitude. This involves any crime connected to immoral, unethical, or unjust acts.
Regardless of what type of felony you have on your record, it’s best to be upfront, transparent, and submit any relevant court documents as soon as possible to the AREC.
Can You Get a Real Estate License with a Misdemeanor in Alabama?
One of the primary concerns for the AREC when it comes to approving a license for someone with a misdemeanor is how it impacts their ability to act in the best interest of the public.
The AREC also looks at whether or not the conviction has any connection to moral turpitude, and if it impairs the applicant’s ability to be trustworthy and competent.
In addition to the conviction appearing on your background check, you may want to preemptively submit supporting documents related to the conviction.
This gives the AREC a complete picture of the charge and its impact on your life and behavior today.
Can You Get a Real Estate License with a DUI in Alabama?
The AREC sees about one hopeful real estate licensee per month submit their background check with a conviction on it of some kind. This includes DUIs.
In Alabama, you can get a real estate license if you have a DUI, but like all other convictions, there’s no guarantee.
Though a DUI won’t prevent you from getting a real estate license in totality, your background check will still go under review.
It’s best to submit supporting documents regarding the conviction as well, and be transparent and responsive throughout the whole review process.
Tips for Applying for an Alabama Real Estate License with Criminal Record or Misdemeanor
If you’re concerned about your eligibility to get a real estate license in Alabama because of your criminal record, there are steps to take:
- You can apply for a Determination of License Eligibility before you even begin the process of licensure. Note that you will have to complete a background check for this, too.
- After you submit your fingerprints through Gemalto, complete a Determination of Licensing and Eligibility Form. The AREC will then review your form and the background report.
If any additional steps are necessary, such as providing documentation or appearing in front of the AREC, you’ll be notified.
The AREC, though, will work with you through this whole review process and are available to answer your questions as well.
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In Alabama, I know you cannot be a convicted felon and obtain an Alabama real estate license. I do not know of any real estate agents that have a violation on their record; maybe I do, but they haven’t told me!
So, my best advice would be to reach out to the Alabama Real Estate Commission to apply for a Determination of License Eligibility if you do have any violations.
Follow the Commission’s instructions and be honest. You aren’t the first person with a checkered past to apply for a license.
It is better to go in with a clean slate than to try and remember lies vs. your background check.
I would check with the Commission before diving too hard into the education requirement to make sure it won’t prevent licensure.
You can contact your state licensing office and make sure you can get licensed if you pass the exam!
Refer to national and your state real estate licensing laws.
Can I Appeal the Commission’s Negative Decision?
Should a negative decision come back after the initial review, you are able to appeal the decision.
However, you must believe that the information submitted to the AREC was incomplete or incorrect in some way.
To set up an appeal, contact the Records and Identification Division at 334-353-4340, and provide the following materials:
- Copy of the specific Alabama Criminal History Record you’re challenging
- Name of the arresting agency or court for each charge
- Date of specific charge(s) or arrest(s)
- Details as to why the information is inaccurate
- The correct information (as you see it)
- The source of the information you present
- Official documentation supporting your reason for challenging
Upon submitting complete documentation, you’ll have an appeal scheduled.
Can a Real Estate License Be Suspended or Revoked Because of a Violation Committed After Receiving It?
Once you get your real estate license in Alabama, it’s still possible to face a license disqualification. Here are some of the reasons why this might occur even for new Alabama real estate agents:
- Fraud or misrepresentation, including lying
- Mismanaging money
- Putting a property on the market without consent of the owner
- Failure to promptly facilitate the sharing of required information
- Influencing a party to break a contract for your personal gain
If a formal complaint is issued, you may face license suspension, revocation, or be required to pay a fine between $100-$2,500.
The consequences of the complaint can last as long as the AREC deems necessary.
Where to Study for a Real Estate License Exam?
Based on the fact that your background check is only good for 30 days, it’s best to submit fingerprints around the same time you’re able to submit your application.
However, this is only if you’re not opting to have the AREC review your background check before you start the licensing process. If you do this, you may need to get fingerprints twice.
All of this traditionally kicks into gear once you pass the real estate license exam, and to prepare for the exam, you’re required to complete pre-licensing education.
Both those going for a broker license and a salesperson license must complete a 60-hour pre-licensing course at any of the real estate training schools in Alabama.
You have an option to take the course depending on your preferred method: in person or remote learning. Each learning style has its pros and cons, so it’s best to review them before you decide.
Read our A-to-Z guide on the topic — real estate classes online vs. classroom courses.
Based on where you complete your coursework, you may receive additional study materials and resources to help further prepare for the exam.
Setting up specific times to study in a location with minimal distractions will let you use your time most effectively.
You can create outlines and flashcards from class notes, and even form a study group with your fellow classmates and meet for additional study time.
As you study, make sure you’re covering every topic that will appear on the exam. Review the PSI Candidate Handbook for a detailed outline of exam questions and topics.
For additional tips, check out my article on how to study for the real estate exam.
Our article on how to pass the Alabama real estate exam the first time can also help you prepare on what and how to study for this important test.
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Additional Information
On top of background checks, there are still a number of steps to complete when getting a real estate license in Alabama.
Part of the procedure is choosing a real estate broker to work for. You won’t get an active license without a certified broker to sponsor you.
You can choose from our vetted directory of top-rated real estate brokerages in Alabama.
If you’re worried about the hours you should devote to complete each step, make sure to read our guide on how long it takes to get an Alabama real estate license.
This way, you’ll get to work your schedule around the process and allot extra time to anticipate any unexpected delays.
Once you receive your license, make sure to check out our useful resources designed to help you navigate the real estate industry with ease:
- What Are the Pros and Cons of Being a Real Estate Agent as a Career?
- I Just Got My Real Estate License, Now What?
- Ultimate Guide to Joining a Real Estate Team
To help you build and grow your real estate career quickly, we at Real Estate Bees created a directory for real estate professionals.
It’s designed to help you get more exposure for your business, including receiving leads. Create a free profile by signing up here.
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About the Author
Kristina Morales is a REALTOR® with over 20 years of professional experience. She actively practices real estate in Ohio but also has practiced real estate in California and Texas. Conducting her real estate business in three states has allowed her to gain unique experiences that make her a well-rounded realtor. She obtained her Bachelor of Arts in Business Management and her MBA with a concentration in Banking and Finance. Prior to real estate, Kristina had an extensive corporate career in banking and treasury. She ended her finance career as an Assistant Treasurer at a publicly traded oil & gas company in Houston, TX.