Can You Get a Florida Real Estate License with Violations such as Felony, DUI or Misdemeanor?
There aren’t many crimes that will get you an immediate denial for a real estate license in Florida.
Your criminal record will come under review though, so it’s best to understand how the system works. This will better prepare you to address issues you know are going to come up.
Keep reading to learn about the process for reviewing past criminal charges in Florida that may impact your ability to get your real estate license.
We break down what to expect, regardless of whether you have a felony, misdemeanor, or DUI on your record.
Should I Pass a Background Check for a Florida Real Estate License?
A background check is a required part of the real estate licensing process in Florida. To initiate the check, you’ll need to get fingerprints.
Fingerprints for a real estate license in Florida are best done immediately after you submit your license application.
Your application won’t get approved without them.
Fingerprinting for a real estate license is actually a pretty quick process, taking only 2-4 days to arrive at the Florida Real Estate Commission (FREC) after getting them.
Available locations to get fingerprinted are all pre-approved by the Florida Department of Law Enforcement.
As for where to get fingerprints for a real estate license in Florida, only LiveScan service providers are eligible for this procedure.
Cost will vary based on where you go and the ORI number associated with your request, but the range is between $44 and $88.
For all the other fees connected with getting licensed in the state, read our article — How Much Does It Cost to Get a Real Estate License in Florida?
Can You Get a Real Estate License with a Felony in Florida?
There is no blanket statement regarding felonies and your eligibility to get a real estate license in Florida.
Can a felon get a real estate license in Florida? Yes, under certain circumstances. Crimes that can lead to a refusal of licensure include:
- A more turpitude felony
- Crimes against a minor
- Crimes against the elderly
- A crime that’s sexual in nature
Lesser felonies may lead to a delay in eligibility for your real estate license. You may have to wait anywhere from 5-15 years after the conviction to apply.
Felony information is sent to the Florida Department of Business & Professional Regulation (DBPR).
From there, it’s reviewed by the board and a recommendation is sent to the FREC. If more information is necessary, they’ll contact you directly.
Good moral character and the felony charge being at least 10 years in your past both play into your favor in this situation.
Can You Get a Real Estate License with a Misdemeanor in Florida?
Most misdemeanors are approved by the DBPR although each background report that includes a conviction will go under review.
The process is the same as with a felony conviction, where the DBPR reviews your record and makes a recommendation to the FREC.
In certain circumstances, the FREC will require you to attend a hearing relating to your criminal offenses. Here, you can plead your case and provide evidence to support your licensure.
Most hearings lead to an approval, so don’t assume the request for one is a mark against your chances.
Can You Get a Real Estate License with a DUI in Florida?
Thankfully, you can get a real estate license if you have a DUI in Florida. Just like with other convictions, timing and the severity of the charge will come into play during review.
The FREC will ultimately decide your eligibility and may request a hearing to discuss the charges further.
A DUI won’t prevent you from getting a real estate license in Florida, but it may prolong the process as your case is reviewed.
The best way to get out in front of the DUI is to disclose it on your application, even before you go in for your fingerprints.
Tips for Applying for a Florida Real Estate License with Criminal Record or Misdemeanor
Although your entire criminal record will come out in your background check, Florida real estate license law does require you to disclose charges yourself.
For those applying for their real estate license, this means getting out in front of charges that you know will pop up on your background check.
Mentioning them when you submit your application is the best course of action and may speed up the review process once the official record of the conviction comes in.
Once your case goes under review, make sure you’re willing to provide any additional information requested.
If you’re asked to attend a hearing, make sure you go. It’s okay to bring legal representation with you as well.
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Give advice to people with violations on their record to successfully get licensed.
Be truthful on your application. It does not appear that having violations is an issue, as long as you own up to them. Provide good records, but do not get in the weeds with the drama/details.
Procure records of the offense from the county courthouse that the arrest was made in and the court records of the punishment. These must be sent to your state licensing committee.
Review the regulations in regards to what violations are permissible. And be sure to disclose any and all violations on your application.
Reach out to the state regulation and get a clarification before you spend money and time to see if your violation will keep you from getting licensed.
Be honest and have proof ready.
Can I Appeal the Commission’s Negative Decision?
Should your background check lead to a denial of your ability to apply for a real estate license, you’ll receive an official Notice of Intent to Deny from the FREC.
Once you get this notice, you have 21 days to appeal the denial and request a hearing. You must submit a written request, but have two options.
You can ask for an informal hearing, where you’ll only go in front of the FREC, or a formal hearing, which takes the case in front of an administrative judge.
Regardless of hearing type, you must submit at least three letters of reference from people who can authoritatively demonstrate you’re of good character.
These letters should discuss your honesty, truthfulness, and trustworthiness. At least two of them must be from people you’re not related to.
If, at the end of the hearing, your license remains rejected, you can no longer appeal the decision.
Can a Real Estate License Be Suspended or Revoked Because of a Violation Committed After Receiving It?
License disqualification is possible should you receive a criminal conviction after getting your real estate license in Florida.
Section 455.227(1)(t) of the state’s real estate license law requires all professional licensees to submit a report to the department within 30 days of:
- Being convicted of a crime
- Being found guilty of a crime
- Pleading solo contendere or guilty to a crime
Failure to report the information can lead to disciplinary action, including fines, suspension, denial for renewal, or even license revocation.
To report a charge or conviction, you must complete the criminal self-reporting form and send it via mail to the Department of Business and Professional Regulation.
Where to Study for a Real Estate License Exam?
Once you get your fingerprints done, they’re good for an entire year. This should give you enough time to complete your pre-licensing education and prepare for the exam.
Those going for their salesperson license must take 63 hours of pre-licensing education. Those going for the broker license must take 72 hours.
All hours must be completed through one of Florida’s accredited real estate schools that may provide additional resources to make studying easier.
The mode of teaching is up to you, but most providers offer both traditional and online classes. Compare the pros and cons of online vs in-person real estate classes to know which one is best for you.
You can also streamline your studying by reviewing the exam outline available through the DBPR.
Once you have all your resources ready, dedicate specific chunks of time for review, either alone or in a study group.
Create topic outlines using class notes and flashcards of terms and other facts you need to memorize. Make time to review these as well.
No matter how much time you study, make sure you feel ready to take the test before you schedule it. This increases your chances of passing the real estate exam the first time around.
You can refer to our article on what to study for the Florida real estate exam to know the topics that will be tackled in the test.
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Additional Information
Apart from undergoing a background check and taking your pre-license education, it is important to complete all the other requirements for obtaining a Florida real estate license.
Create a checklist so you won’t miss out on any steps. You may also want to know how long it takes to get a real estate license in Florida to keep you on schedule.
When your license is issued, it’s initially inactive. You will need to choose a brokerage firm to work for to get it activated.
You can pick a licensed broker to sponsor you from our directory of the best real estate brokerage firms in Florida.
Once you’re part of Florida’s pool of real estate agents, you will have a lot of ground to cover in order to build a successful real estate practice in the state.
Make sure you’re up for the challenge by reading these resources to get you up to speed:
- Pros and cons of being a real estate agent as a career
- What to do after you get your license
- 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.