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

Having a conviction on your criminal record should not deter you from applying for a real estate license in Maine.

While certain crimes may make it harder, there’s no absolute ‘no’ when it comes to licensing.

In this article, we break down the process of applying for a real estate license in the Pine Tree State should you be found with past violations such as DUI, felony, or misdemeanor.

We walk you through the background check, as well as provide some tips on how to proceed if there’s a criminal record attached to your application.

Let’s delve deeper into the topic, so you’ll know what to expect.

A background check is required in order to be eligible to get a real estate license in Maine. Completing one is part of the application process.

The criminal history records check is done through The State Bureau of Identification and results come back quickly, sometimes in less than 24 hours.

There is a $21 fee for your background check which you’ll pay along with your $100 application fee.

Maine classifies its crimes differently than many other states. Instead of felonies and misdemeanors, there are five classes:

• Class A
• Class B
• Class C
• Class D
• Class E

Class A, B, and C crimes are considered felonies, with Class C crimes being the least serious and Class A crimes being the most.

There’s no specific felony class that leads to an automatic refusal of real estate licensure, and the Maine Real Estate Commission’s decision is based solely on the specifics of your background.

This includes taking into consideration the nature of the crime, how long ago it occurred, and what rehabilitation you’ve gone through since.

Convictions related to dishonesty or false statements, as well as any connected to real estate, may be weighted more heavily.

Only crimes within the last three years are looked at though, unless the crime is something that would lead to disciplinary action once you were fully licensed.

Going back to Maine’s unique criminal offense structure, crimes classified as Class D and E are typically considered misdemeanors.

Again, there’s no specific class that leads to an automatic disqualification, but those related to the real estate profession, dishonesty, or false statements weigh heavily.

The three-year time limit for criminal review is also in effect for misdemeanors unless the crime is something that a fully licensed professional would be disciplined for.

Although it means the same, a DUI is classified as an OUI — operating under the influence — in Maine.

Luckily, no matter what you call it, a DUI won’t prevent you from getting a real estate license.

However, the Commission does look seriously at this type of conviction since it can impact your ability to do your job as a real estate professional.

The Commission takes into consideration the total number of offenses, related circumstances, and the time that’s elapsed since your last conviction.

In Maine, your first OUI is considered a Class D (misdemeanor), but once you get more than three OUIs within a 10-year period, the conviction goes up to a Class C (felony).

This is why there’s no guarantee you can get a real estate license if you have a DUI (OUI) in Maine.

While there are no questions to answer on the real estate application about your criminal history, your background check is done when you submit your application.

This means all that information becomes available to the Commission as your application is being reviewed.

Your best course of action is to show the Commission any proof they may not glean from your background check that you’ve undergone sufficient rehabilitation to warrant public trust.

If the Commission isn’t convinced enough time has passed, or you’ve taken appropriate steps after the conviction, it could negatively impact your eligibility for licensure.

When the Commission denies your application for licensure, they’re required to submit to you, in writing, a clear explanation as to their reasoning.

You can then file a statement of complaint with the District Court in order to schedule a hearing.

During this hearing, you can present additional information. The Commission has the right to affirm, modify, or reverse their initial decision based on the new evidence you present.

There are a few different penalties associated with violations once you get your real estate license in Maine, one of them being license disqualification.

Other penalties include license suspension as well as a financial penalty of up to $2,000 per violation.

Licensed Maine real estate agents who either participate in or are considered an accessory to the violation are subject to penalties.

Maine real estate law breaks down a complete list of issues that can lead to a violation, but some key reasons include:

• Lack of trustworthiness
• Misconduct
• Substantial misrepresentation
• Unlawful payment

Having to wait for your criminal record to get looked at along with your application means you’ll still get most of the way through the licensing process beforehand.

Focusing on passing the real estate exam should then be your primary concern, and to do that, you’ll need to spend a significant amount of time studying.

The best place to begin collecting information for review is in your Maine real estate classes. You have the option of choosing the best method to take your pre-licensing courses.

This is either through a traditional classroom setting, via remote learning, or a combination of both. Each format comes with pros and cons, so weigh them carefully.

To help you decide, read our A-to-Z guide on online real estate classes vs classroom courses.

Make sure to take comprehensive notes at each class for use later.

To stay organized, group information into topic outlines, and transform facts into flash cards. This will help make your study sessions more efficient.

If you want to be certain you’re not missing any key topics, review the exam topic outlines in the Pearson VUE Candidate Handbook.

Schedule some time every day to study, and make sure you find a study location that’s quiet, with limited distractions and interruptions.

Getting to that study spot each day will help you incorporate review into your routine.

Should you find yourself struggling to study alone, you can keep up with your exam prep by forming a study group with some of your fellow classmates.

The key is to study a little bit as regularly as possible to avoid having to cram it all in as your test date approaches.

You want to walk into your testing location feeling confident rather than stressed you should have done more to prepare.

Additionally, we have tips on how to study for the real estate exam to help you prepare for the test and pass the Maine real estate exam the first time.

Applying for your Maine real estate license can take up a lot of your time, so it’s best to plan your schedule accordingly, especially if you’re juggling other responsibilities on the side.

Our guide on how long it takes to get a real estate license in Maine can give you an idea of the time commitment involved in completing the licensing process.

For example, you will need to allot at least 2 to 3 weeks to find a designated broker to be affiliated with. To lessen the time it takes, it helps to consult our article on how to pick a broker to work for.

The information available there will help you know the type of brokerage you want to work for. You can then refer to our directory of the best real estate brokerages in Maine to make your choice.

Our article on how much a real estate license in Maine is will walk you through the cost estimates for earning your license in the state so you can budget more efficiently.

Once licensed, make sure to also check out these resources to help your transition to becoming a real estate agent hassle-free.

• Being a real estate agent as a career
• What happens after you pass your real estate exam
• How to join 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 both a licensed mortgage loan originator and real estate agent in the State of Ohio. Inspired by her years of working with buyers and sellers and seeing a need for more consumer education, Kristina created loanfully.com, an online educational resource for borrowers and industry professionals. In addition to real estate sales and mortgage lending, Kristina had an extensive corporate career in banking, treasury, and corporate finance. She ended her corporate career as an Assistant Treasurer at a publicly traded oil & gas company in Houston, TX. Kristina obtained her MBA from the Weatherhead School of Management at Case Western Reserve University and her B.A in Business Management from Ursuline College.