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

If you wonder whether a conviction record may block your path to becoming a licensed Vermont real estate professional, you should explore the information in this guide.

It gives you an in-depth look at the standards that apply in these instances, factors in the licensing decision process, and strategic suggestions for successfully navigating the application.

So, take a few minutes to become better versed in obtaining a real estate license in The Green Mountain State when you have a questionable past.

Vermont does not require fingerprinting for a records search against criminal databases. Instead, it mandates self-disclosure of any criminal history.

Specifically, you must answer application questions related to prior criminal violations and provide supporting documentation.

The Vermont Real Estate Commission, which jointly manages licensing with the Office of Professional Regulation, also allows you to ask for a background review before starting the process.

This pre-application assessment is known as a second chance determination. You can request it online and pay the $25 fee, which will be deducted from the fee owed if you apply for a license.

There are also other fees involved in getting licensed in the state. We break them all down in our guide on how much a Vermont real estate license costs.

For this request, you must include the items listed below, just as you would for the complete license application:

• The legal document that charges you with a crime
• Court order or legal ruling, including sentencing
• Probation or parole conditions or evidence of completion
• Statement from you providing a narrative explanation
• Statement of support from probation or parole officer, if applicable
• Evidence of activities that help you demonstrate rehabilitation

The Commission sets licensing standards and only licenses applicants who meet those standards to fulfill their purpose of protecting public health, safety, and welfare.

Therefore, to qualify for a license, you must show beyond doubt that you are ready, willing, and able to represent the industry with integrity and act with the public’s interest in mind.

Past criminal behavior and subsequent actions that raise any doubt will result in application rejection instead of approval.

A felony is considered a very serious criminal offense in Vermont, and conduct that leads to a conviction for this kind of crime can be a basis for denying a license.

Whether that happens depends on your situation and is up to the Commission.

Once you’ve met the licensing prerequisites, you can apply for a license despite having a felony conviction, as it is not an automatic disqualifier.

Or, if you want a determination upfront, you can ask for the pre-application assessment.

Either way, your criminal background is then subject to a thorough review.

Note that the Commission does not lump all felonies and felon applicants together.

Your application gets an individual review with the following factors taken into consideration:

• The type of criminal behavior you engaged in
• The level of severity of the violation
• Time elapsed since the conviction
• Whether the crime impacts your fitness for the work
• Whether you are a recidivist or rehabilitated

How your specific scenario stacks up in light of these factors determines whether you will get a license or a denial notice.

There isn’t a list of misdemeanors you can consult to know whether your conviction may pose problems with obtaining a license.

Instead, Vermont laws broadly state that a conviction for a crime related to a licensee’s duties and functions can result in an applicant’s disqualification from licensure.

The Commission considers these to be convictions of concern and thus includes that component in the application review process.

No two situations are alike, so the background reviews are performed on a case-by-case basis, keeping the context of each conviction in mind.

Other factors also enter into the equation. These include the nature of your criminality, the circumstances, when the crime happened, and your conduct since then.

For example, financial offenses or crimes of deceit for which ample time or proof of rehabilitation is not evident are likely to impact the licensing decision negatively.

Also, it’s essential to know that being deceptive about your past criminal behavior to procure a license can have the same result. That conduct calls your suitability for licensure into question.

Since the severity of a conviction plays an integral part in the licensing decision, there’s a real possibility a felony DUI may prevent you from getting a real estate license in Vermont.

For a felony conviction to occur, there was serious bodily injury or death, or you were a repeat offender. Three or more violations of Vermont’s impaired driving laws make the act a felony.

Accordingly, the Commission could view the behavior underlying those situations as a potential risk to the public and refuse to grant a license.

An old misdemeanor and a clean record ever since paints a different and less negative picture.

While there is no guarantee that you can get a real estate license if you have a DUI that fits this scenario, it’s more likely to be a complicating factor than a barrier.

While a conviction doesn’t bar you outright, it does put your background under the spotlight and make things more difficult.

So, you must be thorough and do your utmost to make the best impression.

Here are five helpful things you can do:

• Truthfulness is paramount when applying for a license. So, disclose your criminal conviction history fully and accurately.

• Explain each item on your record in your own words, taking ownership of your actions and avoiding shifting responsibility onto someone else.

• Specifically, show how you have moved on and make the lessons you have learned along the way clear.

• Look at ways to deal with your record well in advance of applying. It can help to talk with an attorney about your options and how to present the most convincing case.

• Be ready to provide any additional information requested and to do so promptly.

You’ll receive written notice if your application is on the rejection list. That notice will inform you of the preliminary decision and the reason(s) for it and also explain your right to appeal.

You then have 30 days to request a review and a personal appearance before the Commission.

Besides this deadline, take note of the estimated timeline to finish all the steps in the licensing process, from getting your pre-licensing education to completing the requirements for Vermont real estate license renewals.

The official process for doing that consists of filing a notice of appeal with the Vermont Office of Professional Regulation.

To be granted a license on appeal, you must present evidence at the hearing convincingly demonstrating why the adverse decision should be reversed.

When licensed, you must conduct business ethically and professionally. Otherwise, you could lose your license privileges for a short term or permanently.

Under Vermont statutes, unprofessional conduct constitutes grounds for license disqualification as a disciplinary measure. More than two dozen actions fall into this category of conduct.

Among them are failure to comply with laws or rules that govern the profession and a conviction for specific criminal violations.

Convictions of concern include those that can also be a reason you aren’t granted a license:

• Offenses that are related to the practice of the profession
• Any felony, whether or not it’s related to real estate duties

State law also explicitly sets self-reporting standards for Vermont real estate agents and brokers.

You are given 30 days to report a conviction for any felony or misdemeanor offense.

That doesn’t just apply to convictions in a District or Superior Court in Vermont. Reporting includes convictions in a federal court as well as one that is outside of the state.

Taking care of your Vermont real estate license exam requirements is the next step after passing the state’s background check.

You are required to complete 40 hours of pre-licensing education that you can take in any of the accredited real estate schools in Vermont.

Most of Vermont’s approved education providers offer online pre-licensing and exam prep courses, eliminating the need to commute to school.

With this format, you can attend class from any location of your choice, including a designated space at your home.

A home office or a seldom-used room can work well. If you don’t have the luxury of a separate room, a low-traffic area where you can work comfortably is an alternative.

Sometimes, switching up your study spot can make your brain more active and focused. So, pick a public place that best suits you.

Another way to study is in a virtual classroom. This access method also gives you flexibility in your learning setting.

You can likewise participate in class from home in this instance. However, when choosing a spot, limit video distractions and avoid personal spaces like your bedroom.

A third option is studying at a real estate school. In this case, your learning environment is a traditional classroom.

If you need help making a more informed decision about the learning option that fits your needs, explore our A-to-Z video guide outlining the pros and cons of real estate classes online vs classroom courses.

Your goal is to pass the real estate exam the first time you take it, so make sure to choose the best method for taking your real estate courses.

As you prepare to take the test, it’s important to be in the know when it comes to what topics will be covered and how best to study.

We share this information in our article on how hard the Vermont real estate exam is.

Note that all salesperson applicants in the state are required to be supervised by a licensed Vermont real estate brokerage.

It’s vital to select the most ideal real estate company for your needs as this will set the pace for your career. Our guide on how to choose the right broker to work for can help you decide.

After filing your license application and waiting for it to be approved, make sure to read up on useful resources to equip you with what you should know about the business:

• What to do after passing the real estate exam
• Being a real estate agent as a career
• 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 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.