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

Having a criminal background is no reason to not consider a career as a real estate professional.

In Minnesota, each conviction is looked at and evaluated individually, so you definitely have a chance of getting approved for licensure.

Keep reading for more insight into exactly how the background review in the state works and what to expect as you go through the real estate license application process with a criminal record.

While the Minnesota Department of Commerce does not require a background check, you do have to answer questions about your criminal history on your application.

Should there be any criminal charges or convictions in your past, you’ll need to submit an explanatory statement for each incident.

You will also need to provide court documents that discuss the charges, conviction, and resolution of the crime.

Felony convictions are reviewed on a case-by-case basis by the Commerce Commissioner in Minnesota. They’re able to approve or reject your application based on the details of your case.

To ensure a complete representation of your situation is available for review, make sure to submit:

• A formal statement explaining the incident
• A copy of the official criminal charges
• A copy of the official sentencing with the resolution

A hearing will then take place where you’re able to argue your case as to why you deserve to receive a real estate license. The decision is issued afterward.

Common reasons that could lead to an application for licensure to be rejected include:

• Committing a crime that’s connected to fraudulent practices
• Committing a crime connected to acting financially irresponsibly
• Acting in an untrustworthy way

If these issues, and the details of the conviction, show it’s in the best interest of the public to not issue you a real estate license, your request may be rejected.

The same process for review is applied to misdemeanor charges should you have any in your background.

You’ll need to be forthcoming about the charges on your application and provide official documentation relating to the conviction and the charges.

If withheld or deferred judgment takes place, documentation should also be submitted.

A hearing will then take place where the Commerce Commissioner will hand down a final order as it relates to your case.

Similar to felonies, misdemeanors connected to fraud, financial irresponsibility, and untrustworthiness are often more heavily evaluated.

In Minnesota, a DUI is considered a misdemeanor. This means you can get a real estate license if you have DUI.

You’ll have to provide the appropriate court documentation as well as a statement explaining the situation. It will then go under review where you can further plead your case at a hearing.

After that, the Commerce Commissioner will hand down an order as to whether you’re eligible for real estate licensure.

However, since public interest as well as certain behaviors are looked at more seriously when reviewing criminal cases, a DUI could prevent you from getting a real estate license.

The particulars of your individual case will weigh heavily on the outcome.

Do not omit any past convictions, but rather fully disclose your history. Since there are no automatic refusals for licensure, there’s always a chance it won’t impact your eligibility.

Filing an incomplete application or one that contains any false or misleading information could lead to an immediate denial of licensure.

Also, make sure you share all the required documents related to your case and that you take the opportunity to fully show what steps you’ve taken toward rehabilitation at your hearing.

Should you receive notification of an order of denial of your license application, you do have the ability to appeal.

A hearing will be scheduled where you can show the merits of your case. This will take place within 30 days of the denial order.

After the hearing, the Commerce Commissioner will make a final decision.

The Minnesota Department of Commerce reserves the right to deny, suspend, or revoke any real estate license if the order is in the public interest, or if the Minnesota real estate agent in question has:

• Engaged in fraudulent, deceptive, or dishonest practices
• Violated existing provisions from the Commerce Department
• Demonstrated incompetence, untrustworthiness, or been financially irresponsible
• Acted way that’s a conflict of interest

You do have the opportunity to show cause as to why disciplinary action should not take place through a hearing. This is overseen by either the Commerce Commissioner or an administrative law judge.

This issue could be more significant than just a license disqualification, though.

Minnesota Statute 82.83 states that anyone violating any provision, rule, or order of the Commerce Commissioner is guilty of a gross misdemeanor.

A huge piece to getting your Minnesota real estate license is passing the real estate exam. The goal is to do this on your first try, and what, how, and where you study can play a huge role.

The best place to go for the ‘what to study’ are your notes from your pre-licensing classes. All three classes combined will touch on all the topics you need to know for the exam.

Taking classes from one of the top real estate schools in Minnesota may also guarantee you get additional study materials for extra review.

In class, focus on taking good notes. This is true whether you’re taking real estate classes online or in person.

Organize your notes by topic, creating outlines and flashcards for a more streamlined study experience.

You should also look at the Content Outlines from PSI Exams. These not only list the topics on the exam but tell you how many questions are in each category.

PSI also offers practice tests should you need them.

Additionally, our article on how to pass the MN real estate exam gives you tips on how best to study for this important test.

With these study tools in hand, your next step is finding a good place for studying. This should be somewhere you can get to regularly in order to make studying part of your routine.

A spot that’s quiet, with limited interruptions and distractions, is ideal.

You also have the option to form a study group with friends from class should you find it challenging to concentrate on your own.

Combining all these steps should help give you the knowledge and the confidence to pass the Minnesota real estate exam on your first try.

While you won’t have to submit to a background check and incur any fees, you should prepare for other licensing-related expenses. We outline these in our article on how much a real estate license in MN costs.

Apart from knowing the fees involved, it’s also a must to get an estimate of the hours and days needed to complete the licensing process so you can plan your schedule accordingly.

We outline everything you need to know about this topic in our article – How Long Does It Take to Get a Real Estate License in Minnesota?

Note that part of your license application is to be sponsored by a licensed real estate brokerage in Minnesota.

Take as much time as you need to select the best sponsoring broker to support your real estate career. Know what to look for by reading our guide on choosing the right broker to work for.

As you start your real estate business in the state, these resources will help jumpstart your career:

• Next step after passing the real estate exam
• How to join a real estate team
• Benefits of being a real estate agent

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.