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

Having a criminal history doesn’t mean you can’t be a licensed real estate salesperson in Kansas. But it can make for a more complicated process with specific conditions to meet.

This article will guide you through the requirements, filling you in on eligibility criteria, the factors considered, and the applicable rules. You’ll also get helpful tips that you can use when applying.

All of this is addressed below. So, let’s get started.

The Kansas Real Estate Commission mandates that all applicants complete a criminal background check.

You’ll need to be fingerprinted for this purpose by a police or sheriff’s department or other state-authorized vendor.

You may submit a paper fingerprint card or have your prints captured digitally. Currently, digital (livescan) fingerprinting services are only available at the following locations:

• Kansas Bureau of Investigation (KBI) headquarters
• Some law enforcement offices in the state
• Exam centers in Topeka, Overland Park, and Wichita

If you choose to have your fingerprints taken at one of the Pearson VUE testing centers, you’ll need to make a reservation. You will also be charged a $16 fingerprint “rolling” fee.

To initiate the background check, you must email or fax a Waiver Agreement to the Commission and pay the applicable fees.

Once that’s done, your prints are run against criminal records maintained by the KBI and the FBI. Any criminal history summary (or proof one does not exist) is sent to the Commission.

In addition to undergoing the criminal records search, you’re also required to disclose prior or pending criminal offenses. You report that information via the Criminal Offense Form.

The Commission also asks for applicable supporting documents and recommends submission of others. The list includes the following:

• Court documents related to each criminal action
• Letter explaining the circumstances of the offense
• Recommendation letters or character references
• Statements about your character and rehabilitation
• Résumé, including work and community experience

When submitting information about your criminal history, the burden is on you to convince the Commission that you merit a license.

They are looking for proof that you can now be trusted to transact real estate business in a manner that safeguards the public interest. Only then will they issue you a license.

Felons can be licensed to practice real estate in Kansas. However, an eligibility waiting period applies, and the Commission can refuse to grant a license even if that time has elapsed.

How long you have to wait to apply depends on the crime. If you must register under the Kansas Offender Registration Act (KORA), you’re eligible 15 years after meeting all sentencing conditions.

Convictions that fall under KORA are those where you could pose a threat to your family and community. They include certain sex offenses, violent crimes, and drug offenses.

With any other felony on your record, you can apply five years past your discharge from postrelease supervision or completion of any non-prison sanction or sentence suspension.

Should you apply once the time requirement is met, the Commission will thoroughly review your application using a set of factors specified in Kansas statutes.

For instance, in addition to the nature of your crime, they will consider things like how much time has passed, the circumstances surrounding the offense, and your conduct following it.

After that review, the Commission will decide whether to approve or deny your application. The more you’ve proved your fitness for a license, the better your chances of getting one.

The Commission must review your application if you have four or more misdemeanors. And although a misdemeanor isn’t an automatic disqualifier, it could ultimately lead to license denial.

Kansas law specifies that the Commission can consider such a violation when it reflects on your honesty, integrity, trustworthiness, or competence to transact real estate business.

The statutes don’t provide a list of specific crimes. But it’s fair to assume that convictions involving fraud, theft, or financial offenses would be among those on the Commission’s radar.

If that’s the case for you, the Commission will evaluate your application on its individual merits, and your conviction will be considered in light of the following factors:

• The type or nature of the offense you committed
• Conditions that lessen or increase the severity of the crime
• Whether the crime is recent or occurred a while ago
• Evidence of rehabilitation or restitution on your behalf
• Anything else the Commission deems relevant

Given those considerations, your likelihood of getting a Kansas real estate license decreases if your violation is severe or recent, or if you fail to prove that you’ve cleaned up your act.

Depending on the circumstances, an impaired driving offense can be a misdemeanor or a felony, according to Kansas law.

If it’s a felony, that DUI will prevent you from getting a real estate license until you meet the five-year waiting period.

Even a guilty or no contest plea or a conviction for a misdemeanor could spell trouble for obtaining a real estate license.

If, for example, you are a repeat offender, it may signal a bigger problem with alcohol or drugs. That could adversely affect your trustworthiness or integrity and chances of being licensed.

So, while you can get a real estate license if you have a DUI, as you can see, it depends on the circumstances of your particular case.

Since a criminal past can be a strike against you when pursuing a Kansas real estate license, you need to be prepared when submitting an application.

Here are five tips to help you do all you can to ensure success:

• Use the step-by-step pre-licensing checklist the Commission provides. That will help you accurately navigate the process.

• Go for full disclosure. The criminal history records check and what you self-report must be in sync, or you risk being viewed as dishonest.

• Provide official court documents. A general docket printout will not meet the Commission’s requirements, and your application will be considered incomplete.

• Follow the Commission’s recommendations for supporting documents to submit that may bolster your case for licensure.

• Accept accountability when disclosing your past. Avoid making excuses, and don’t re-litigate the issue in your explanation.

If the Commission refuses to issue a license, they are required to provide written notice of their decision and tell you why.

They must also give you the opportunity to be heard on the matter in accordance with the Kansas Administrative Procedure Act (KAPA).

You must make a written request for a hearing under KAPA within the time period stated on the notice. That proceeding is your chance to tell your side to an impartial presiding officer.

The Kansas Real Estate Brokers’ and Salespersons’ License Act empowers the Commission to revoke, suspend, condition, or restrict the license of any Kansas real estate agent or broker.

Convictions for any of the following can lead to any of the above actions:

• Violating the License Act or rules and regulations adopted under the document
• Committing a misdemeanor related to your honesty or good character
• Obtaining or reinstating a license or attempting to do either under false pretenses
• Violating the federal Fair Housing Act or Kansas Acts Against Discrimination
• Disobeying any directive or lawful order of the Commission

If your offense was a felony, the Commission shall enforce a sanction of temporary or permanent license disqualification. And they can use emergency proceedings to do so.

The Commission may also impose a fine if aggravating circumstances are present and the conduct involves fraud, deceit, misrepresentation, or failure to disclose adverse material facts.

You can contest the Commission’s formal disciplinary action through an administrative hearing. It will be on you to prove that the agency’s action was incorrect.

You may request a review if you are dissatisfied with the initial order of the hearing’s presiding officer. Any further appeal rights will be specified in that order.

Once you’re granted eligibility to apply for a real estate license in the state, you can then focus on preparing for the real estate exam.

Sixty hours of Commission-approved education is required in studying for the real estate exam. That coursework is offered via three delivery formats.

One is in-person courses taught at Kansas real estate schools in several cities across the state. That provides the opportunity to study in a physical classroom and interact with fellow students.

Livestream classes are an alternative option if you prefer an instructor-led classroom setting but want to skip the commute or live classes are not offered nearby.

You can complete your studies at home when you participate in class remotely. Pick a private, quiet spot to be most focused and ensure you adhere to the school’s virtual classroom rules.

Your third choice is studying online. In this instance, you can vary your learning environment.

Your academic setting can be a favorite spot at home. Or, you can take your coursework on the go to a public study spot like a carrel at the local library.

When taking the salesperson exam prep course, you can also study wherever you like. It’s most commonly offered as a self-paced course online.

If you’re unsure whether classroom or online learning is best for you, check out our expert article, which discusses the pros and cons of online real estate classes vs classroom courses.

As for the topics covered in the test, read our guide on what to study for the Kansas real estate exam.

After passing the exam, you can then complete your license application, which includes getting sponsored by a licensed Kansas real estate brokerage.

You will need to thoroughly choose the right broker to work for as this firm will make a big difference when starting your career in real estate.

It’s also a good idea to prepare for the budget associated with getting a license. Check out our article on the topic — How Much Does It Cost to Get a Real Estate License in Kansas?

If you worry that working on getting your license might interfere with any other activities that you are also busy with, such as raising a family, you can refer to our guide on how long it takes to get a Kansas real estate license.

Once you get your license, equip yourself with useful information designed to help you establish a successful real estate career. Here are a few resources to get you started:

• I Just Got My Real Estate License, Now What?
• What Are the Pros and Cons of Being a Real Estate Agent as a Career?
• 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.