Can You Get a Delaware Real Estate License with Violations such as Felony, DUI or Misdemeanor?

Having a criminal history should not automatically deter you from going after a real estate license in Delaware.

While there are some crimes that are more likely to lead to the refusal of your license application, it is possible to get approved after the Delaware Real Estate Commission’s review.

In this article, we tackle which crimes may impact your application, what you can do to get eligibility, and what happens next should the Commission deny your application.

Let’s get started.

Submitting fingerprints in order to initiate a background check is part of the licensing process in Delaware.

You must get your fingerprints taken through IdentoGo, using the proper code. This is provided to you once you’ve created your user account in DELPROS.

While it’s possible to get a real estate license in Delaware with a felony, you must supply information about the conviction and/or charge for the Commission to review.

Documents should come directly to the Commission from the appropriate authorities, and you must be current on any fines, restitution, or community service.

Your application for licensure will not be approved if you have any pending charges or convictions that substantially relate to the ability to practice real estate.

This is a long list of crimes, found in Real Estate Law 2906(c) and involve many violent felony charges.

The proper way to submit all the relevant information is by requesting a waiver through DELPROS.

This not only authorizes your background check, but allows you to explain your offenses and attach related files and any other documentation you want considered.

The process for review, should you have a misdemeanor on your record, is the same as with a felony.

You’ll need to request and complete a waiver and share all relevant documentation.

If your crime substantially relates to your ability to practice real estate, you most likely won’t be approved for licensure.

Based on your blood alcohol level at the time of your arrest, your DUI can be classified as either a misdemeanor or felony.

While a felony is more serious, you can get a real estate license if you have a DUI.

Where a DUI may prevent you from getting a real estate license is if you’ve had three or more convictions. That gets you on the list of potential crimes that can lead to a refusal.

Although your background check will produce a record of your past convictions, you should be honest and forthcoming on your own, disclosing all necessary information yourself.

The real estate license application makes this easy to do, and the online system allows you to upload supporting documents to explain the circumstances around the conviction.

Anything that needs notarization, or is an official document, must be mailed directly to the Commission from the proper authority, so make sure you give yourself time to request those.

Being as open as possible about your past is the best way to get a thorough review from the Commission.

If the Commission determines an applicant’s criminal history could create an unreasonable risk to public safety, your request for licensure may be denied.

You can, however, appeal the decision to the Superior Court if you feel that:

• The Commission’s choice wasn’t justified.
• The Commission imposed higher or different standards on your application.
• The Commission, in any other way, is a direct cause as to the failure of your application.

You’ll then have a hearing scheduled and can be able to present your case for review.

The Commission can set forth disciplinary actions only after a hearing takes place and it has been proven that the licensee has:

• Misrepresented themselves
• Made false promises related to character
• Illegally, incompletely, or negligently practiced real estate

These and more are all listed under Real Estate Law 2912.

Disciplinary actions can vary for these offenses, and may lead to a suspension, fine, or probationary status.

License disqualification can become the consequence if a Delaware real estate agent is convicted of crimes involving:

• Forgery
• Embezzlement
• Obtaining money under false pretenses
• Bribery
• Larceny
• Extortion
• Conspiracy to defraud

If you don’t have any past convictions that could be substantially related to your ability to practice real estate, you won’t know if you’re approved until after you submit your application.

In the interim, you’ll need to complete your pre-licensing education and take the real estate license exam.

The best way to start studying for the real estate exam is through your Delaware real estate courses. You’re required to complete 99 hours of pre-licensing coursework.

You will have the option to take these classes through remote learning or via a traditional classroom. Choose the best method that will allow you to prepare for the exam better.

Our A-to-Z guide comparing real estate classes online vs. classroom courses can help you pick the best format.

The best way to use your classwork effectively to prepare for the exam is to start studying as soon as possible.

Create topic outlines and flashcards after class each time using your notes. They’re a great place to start.

Next, use any outside resources to fill in the gaps in your knowledge, and check out the exam outline in your Pearson VUE Candidate Handbook to ensure you’re covering all topics.

As you begin to collect study materials, the next step is finding an ideal study location. This should be somewhere with minimal interruptions and distractions.

Your study spot should also be available to you regularly. Try to schedule at least a little time each day for review to stay on top of things.

If concentrating on your own ever becomes challenging, consider forming a study group so you can review with your classmates. Working together can improve focus.

All of this preparation will help you feel confident when test day rolls around, giving you better odds of passing the real estate exam on your very first try.

Read our article on how to pass the real estate exam in Delaware to know the topics covered in the test and for some tips on passing it the first time.

Besides knowing your eligibility to get licensed, it is also important to be prepared financially when acquiring your license in the state. Refer to our guide on how much it costs to get a real estate license in Delaware.

Additionally, our post on how long to get a real estate license in Delaware can help you plan your schedule accordingly.

You will also be required to be sponsored by a licensed broker. Choose the right broker to work for as a new agent to get a good start on your real estate career.

Browse our vetted list of top-rated real estate brokerage firms in Delaware to pick the one that can help you reach your career goals.

When you get your license, these resources can enrich your knowledge of the profession and help you prepare for what’s to come as you navigate the industry:

• What happens after you pass your real estate exam
• Joining a real estate team
• Is being a real estate agent worth it

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.