Can You Get a Utah Real Estate License with Violations such as Felony, DUI or Misdemeanor?
The requirements to get a real estate license in Utah are very detailed and specific. This includes how the Division of Real Estate treats a criminal record.
In Utah, committing a felony, misdemeanor, or DUI doesn’t mean you’ll never get a real estate license, but you’ll have to wait.
The state sets waiting periods for all types of crimes before you have eligibility.
To learn more about what these limits are and what happens should your real estate application get denied, keep reading.
We provide you with all the information you’ll need to properly prepare for the real estate licensing process in the state should you have criminal violations in your history.
Should I Pass a Background Check for a Utah Real Estate License?
A background check is a required part of the real estate licensing process in Utah, and it begins with getting fingerprints.
The best time to get your fingerprint appointment is right after you’ve scheduled your real estate exam. This is because you can accomplish both at a single location.
Pearson VUE, the test administrator, can also collect your fingerprints onsite. The fee is $12 for this service.
For all the other fees associated with getting licensed in the state, read our guide — How Much Does It Cost to Get a Real Estate License in Utah?
You must have an appointment for Pearson VUE to take your fingerprints, so if you’re unable to get one on your test day, you can use a private vendor and submit a fingerprint card.
Your background check is reviewed alongside your application.
Can You Get a Real Estate License with a Felony in Utah?
When the Division of Real Estate reviews license applications, they’re always looking for candidates that demonstrate honesty, integrity, truthfulness, reputation, and competency.
To that end, those with certain violations attached to their record may not be immediately eligible for a real estate license.
When it comes to a felony, you must wait five years before you’re eligible to be considered for a Utah real estate license.
The timing for this five-year minimum begins at the time of conviction or plea, if applicable. If not, it begins at the completion of any jail or prison sentence.
There are no concessions to this delay. The Division of Real Estate must deny all licenses with a felony within the previous five years of the application date.
Can You Get a Real Estate License with a Misdemeanor in Utah?
The same rule that governs felonies for a Utah real estate license applies to misdemeanors.
You will not qualify for a real estate license in the state within three years of any misdemeanor involving fraud, misrepresentation, theft, or dishonesty.
This is a shorter time frame, but it also begins at the time of conviction or the conclusion of a jail sentence, whichever is applicable.
Can You Get a Real Estate License with a DUI in Utah?
A DUI won’t prevent you from getting a real estate license in Utah, but it can delay things. It really depends on the specifics of your conviction.
In Utah, a DUI is a misdemeanor, so it may fall under the types of crimes that require a three-year delay to licensure.
However, if the conviction can’t be connected to theft, misrepresentation, fraud, or dishonesty, the Division of Real Estate may not automatically deny.
In short, you can get a real estate license if you have a DUI in the state, but with certain provisions.
Tips for Applying for a Utah Real Estate License with Criminal Record or Misdemeanor
Once you pass the real estate license exam in Utah, you’ll receive both your real estate application and a qualifying questionnaire at the testing site.
The questionnaire will ask you about your criminal history, so make sure you answer all questions honestly to demonstrate you have the right qualities for an agent.
If you try to hide anything, the information will come up when your application is under review and your background check is complete.
The questionnaire is straightforward with a series of yes or no questions. If you answer “yes” to any of them, you must provide supporting documentation.
Make sure you’re thorough with your supporting documents. Include all documents related to your charges, conviction, sentencing, and probation.
Being upfront and transparent about your past criminal history demonstrates honesty and integrity, two essential qualities for real estate licensees in Utah.
Survey of Experts
Is it more challenging to get a real estate license with violations on one’s record?
Do you know any people who got a real estate license with violations on their record?
Expert Insight
Give advice to people with violations on their record to successfully get licensed.
I don’t have any personal experience with this scenario, but from all the information I learned going through the process, there are some violations that will limit you completely.
There are also some violations that will set you back a few years before you can apply for a license.
Best advice I can give is to just be completely honest. You will be informed during the process how your specific violations will affect you when obtaining your license.
If you try to hide or conceal information, it will come out and it will only end up hurting you in the end. Honesty is key.
We have been lucky and have a broker in our market that will help people write letters to the jurisdiction where the violation happened.
That allows them to write a good letter to the Division of Real Estate to help them know what happened in the process.
Just go for it anyway. Just have a good explanation of what happened in the past and why you are different and better because of that issue.
Work closely with people who can guide you.
Can I Appeal the Commission’s Negative Decision?
If for any reason the Division of Real Estate denies your license application, there are steps you can take.
You can seek agency review by the executive director, but only after a formal denial has been made.
You can also petition the Division of Real Estate for de novo review of your application. This process allows a fresh review of your application without the previous grounds for denial being valid.
Can a Real Estate License Be Suspended or Revoked Because of a Violation Committed After Receiving It?
There are quite a few reasons why Utah real estate agents can be subjected to a license disqualification or suspension.
The Utah Code lists down all the possible grounds, but a few acts that can lead to disciplinary action include:
- Misrepresentation
- Mismanaging money
- Withholding documentation and records
- Misleading advertising
- Dishonest dealings of any kind
- Misconduct in a professional capacity that relates to character, honesty, integrity, or truthfulness
You’ll also most likely have your license revoked if convicted of a felony or misdemeanor involving misrepresentation, theft, or dishonesty.
This is regardless of whether the crime relates to the real estate business.
Disciplinary action may also take place if you fail to respond to the Division of Real Estate within 10 days whether they’re asking for documentation or requiring you show up for a hearing/meeting.
Revoking or suspending a license, or putting a person on probation, are the extreme types of disciplinary action.
Instead, you may have to complete an additional education requirement or pay a civil penalty not exceeding $5,000 per violation.
You do have the right to request agency review, judicial review, or de novo review in these instances as well.
Where to Study for a Real Estate License Exam?
Your license application won’t go under review until after you pass the real estate exam.
Preparing for your exam starts in your pre-licensing education courses. They’ll cover everything you need to know.
In Utah, pre-licensing education consists of 120 hours, whether you’re going for a salesperson or broker license.
You should take your courses in one of Utah’s accredited real estate agent schools near your location.
Education providers offer classes in a variety of formats depending on your preference. This means you can either learn remotely or in person.
Know which method can help you learn more productively by going through our A-to-Z guide comparing real estate classes online vs classroom courses.
The resources given to you in class will get you started studying, and you can gather additional information within the Pearson VUE Candidate Handbook.
This includes an outline of the exam and topics covered.
Using all these materials, set aside time to study independently, in a study group, or as a combination of the two.
In addition to talking through topics with your peers, effective study tools include flashcards and topic outlines.
Set aside enough time to really prepare for the exam, waiting to schedule your test until you feel ready. This can improve your chances of passing the real estate exam on your first try.
Survey of Experts
How difficult was it for you to study and pass the Utah real estate license exam?
How many attempts did it take you to pass your real estate license exam?
Additional Information
Good luck as you prepare all the requirements necessary to acquire a real estate license in the state.
To know how much time you need to complete the process, read our article on how long it takes to get a real estate license in Utah.
When you get approved for a license, know that it only gets activated when you have a licensed broker to sponsor you.
Our directory of top real estate brokerages in Utah can narrow down the selection for you. Make sure to read our guide on choosing the right real estate broker to work for before you make any decision.
Once your license is active, you can practice your profession legally in the state of Utah. It’s going to be a busy career for you, so it’s best to be prepared with the help of our resources:
- The benefits and drawbacks of being a real estate agent
- What happens after you pass your real estate exam
- How to join a real estate team
We also got you covered should you need effective marketing strategies to promote your real estate business in the state.
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.
__
If you want to contribute your expert advice on a topic of your expertise, feel free to apply to our Expert Contributor Program.
__
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.