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

Colorado doesn’t blanketly deny real estate licenses to applicants with a criminal record. However, you’ll need to meet certain conditions to be approved.

Continue reading to learn the rules related to convictions, how the background check works, what parameters the Colorado Division of Real Estate considers, and ways to bolster your application.

Everything you need to know about applying for a real estate license in the Centennial State when you have a questionable past is detailed below. So dive right in.

For anyone applying for a Colorado real estate license, a background check is a requirement.

The Colorado Bureau of Investigation (CBI) conducts this check. It’s a state and federal-level search against CBI and FBI criminal history records.

Getting fingerprinted begins the process. Your background results are then sent directly to the Colorado Division of Real Estate when the search is complete.

You must submit fingerprints for a real estate license in Colorado through a CBI-approved vendor. There are a couple of options:

• Those who live in the state have access to Colorado Fingerprinting, the statewide vendor for digital fingerprinting services.
• IdentoGO by Idemia is an alternative, with service centers in Colorado and other states.

As part of undergoing the background check for a real estate license in Colorado, you must also disclose all felony and misdemeanor convictions and pending cases within the prior 10 years.

In addition, you’ll be prompted to provide the following related documentation as applicable:

• Official court documents, such as copies of charges, police reports, disposition papers, deferred judgments, and probation reports

• A written explanation that details the events and circumstances surrounding each violation, including any mitigating information

• Letters of recommendation from others that speak to your rehabilitation, honesty, and good character

Proof of that rehabilitation is critical when seeking approval for a Colorado real estate license with a criminal background.

You must meet those character-based qualifications for the Colorado Division of Real Estate to grant you a license.

Can a felon get a real estate license in Colorado? A felony history doesn’t automatically rule out the possibility of you getting a license in the state.

However, the following caveat goes with that affirmative response: In some circumstances, assuming you otherwise qualify.

What type of crimes might disqualify you? If your felony violation is one of dishonesty or otherwise sheds a negative light on your moral character, it may be grounds for license denial.

Some examples are offenses against accepted social and moral values, acts that cause bodily harm to another human being, and theft crimes involving property or identity.

In evaluating the impact of your felony record on their decision to grant a license, the Division of Real Estate is obligated by Colorado Revised Statutes to consider the following factors:

• The nature of your conviction and the pertinent related circumstances
• The relationship between your criminal behavior and the job responsibilities
• Information regarding your subsequent rehabilitation and good conduct
• The amount of time that has elapsed since the conviction occurred

Basically, they are looking to determine if you’ve had a change of character and can now be trusted to carry out the duties of a licensee with honesty and integrity.

The more convinced they are, the greater your chances of getting a thumbs up for a license.

You can ask for a preliminary advisory opinion if you’d like to know your chances upfront. The Division of Real Estate will tell you the potential effect the conviction may have on your formal application.

If you clear the hurdles, getting a real estate license is possible despite having a misdemeanor.

The law requires that any Colorado real estate license applicant with a criminal history establish compliance with provisions concerning truthfulness, honesty, and good moral character.

To determine if that’s the case for you, the Division of Real Estate will thoroughly review the particulars of your misdemeanor conviction.

That review isn’t a subjective exercise. Instead, the Division of Real Estate looks at specific factors stipulated in state statutes.

One of those factors is the nature of your conviction, which refers to the charge, level of offense, and surrounding events. The more serious the crime, the harder it will be to get a license.

They also consider whether there is a direct relationship between your conviction and the duties of a real estate licensee.

Criminal behavior that may put the public at risk or adversely affect your fitness for the job can sink your application. Examples of such crimes include misdemeanor theft, fraud, and unlawful sexual contact.

The Division of Real Estate also needs to know that you’ve moved past your criminal history. They will consider any information from you or others to prove that.

Last, they look at how long it’s been since you committed the offense. Any doubts that sufficient time has passed for rehabilitation don’t favor application approval.

If you’re uncertain whether a past misdemeanor will keep you from being licensed, you have the option to get a preliminary advisory opinion before starting the process.

Colorado has three levels of DUI convictions: Driving While Ability Impaired (DWAI), Driving Under the Influence (DUI), and Persistent Drunk Driver (PDD).

The first two are misdemeanors unless there are aggravating or multiple-offense circumstances. So odds are, you can get a real estate license if you have a DUI in one of these categories.

That assumes, of course, that you didn’t run afoul of the impaired driving laws recently.

PDD is a legal designation that involves specific characteristics, including multiple offenses and severe intoxication. This label will most likely raise a red flag with the Division of Real Estate.

Even without the PDD label, multiple convictions for DUI may prevent you from getting a real estate license. Driving is directly related to the work and a pattern calls safety into question.

That may also be the case for a felony DUI for which you are convicted of injuring someone or causing a fatal accident.

The Colorado Division of Real Estate will take an in-depth look into your criminal record and evidence of rehabilitation. So, you want your application to portray you in the best light.

Consider these five tips:

• Read and complete the application carefully. Truthfully answer applicable questions, provide all required documentation, and ensure everything is 100 percent correct.

• Double-check that you’ve disclosed all violations for the specified period. Omitting pertinent information could be construed as dishonesty which may lead to license denial.

• Be diligent in crafting your conviction explanation. This is your chance to show you can be a trustworthy real estate professional.

• Get letters of recommendation. These are optional. However, they demonstrate that others in the community are confident that you are rehabilitated and can vouch for that.

• If you have questions about a specific conviction or expungement, consider talking with an attorney about how to handle those records on the application.

The Division of Real Estate has the authority to deny your application for licensure. You can, however, ask for reconsideration of that decision.

You’ll see the reasons you didn’t get a license in the written notice the Division of Real Estate sends. If you disagree with the grounds indicated, you may request a hearing.

That request must be in writing and received by the due date specified in the notice. Only on-time requests will be considered.

An independent administrative law judge will be assigned to preside over the proceedings. You’ll then have the opportunity to present oral and documentary evidence.

The onus is on you to prove that you merit a license. You can appear on your own behalf. You are also entitled to the benefit of legal counsel.

Yes. Certain criminal convictions can subject Colorado real estate agents to disciplinary consequences.

If your criminal conduct constitutes a serious violation, the Division of Real Estate could issue a public censure or even suspend or revoke your license.

More minor offenses may warrant discipline less harsh than license disqualification. For instance, you may have to pay a moderate fine, or the Division of Real Estate may place you on probation.

Crimes that can put your license at risk include a broad range of offenses, such as homicide, assault, burglary, theft, fraud, domestic violence, and extortion.

Crimes against morality, various drug offenses, and violations of state or federal fair housing laws can also get you in disciplinary trouble.

The Division of Real Estate expects you to notify them of a conviction in writing within 30 days of its occurrence. If you don’t, that’s also a punishable violation of Colorado real estate license law.

However, you do have recourse against disciplinary measures. You can request a hearing where you present your case. You can also have an attorney appear with you.

It takes a final majority vote of the Division of Real Estate to suspend or revoke your license. That decision is subject to review by the court of appeals.

When you pass your background check, the next step is to complete your pre-licensing education.

Pre-licensing education helps you prepare effectively for the real estate exam. In Colorado, that education consists of 168 hours of coursework.

To get credit for the courses, you must complete them at a nationally accredited postsecondary institution or at an accredited real estate school in Colorado.

Some education providers are traditional schools located in the state. Others are out-of-state, internet-based providers approved to market in Colorado.

Compare the pros and cons of online real estate classes vs classroom courses before you decide which mode of instruction to go for.

In addition to having brick-and-mortar and online schools to choose from, you also have four study options:

• Self-paced online courses
• Home study with a textbook
• Live instruction in a physical classroom
• Live-stream virtual classroom courses

Exam prep courses are also offered online. Your choices are learning on your own time and schedule, or participating in classes in real time via Zoom. Either way, you pick your study spot.

Read our article on what to study for the Colorado real estate exam to know which topics are covered in the test.

Additionally, refer to our tips for studying for the real estate exam to up your chances of passing the test on your first try.

Once you pass the real estate exam, you are a few steps away to completing your license application.

You will be required to submit all requested documents and pay the license application fee of $485. For all other licensing fees, read — How Much Does It Cost to Get a Real Estate License in Colorado?

In order to complete your application, you must find a licensed broker to sponsor you. Your sponsoring broker is the one required to file your actual application.

Choose from our database of the best real estate brokers in Colorado. Know what to look for in a real estate company by reading our article on choosing the right broker to work for.

These are just some of the requirements for getting a Colorado real estate license. It will serve you well to have all the other prerequisites listed down to make sure you are not missing out on anything.

Apart from this, you should take note of the time investment involved in getting licensed in the state.

For time estimates in completing each step in the licensing process, read — How Long Does It Take to Get a Real Estate License in Colorado?

While waiting for your application to be approved, waste no time in preparing for what’s ahead once working as a licensed real estate salesperson in the state.

You can start by taking note of the benefits and drawbacks of being a real estate agent. Knowing the pros and cons that come with the job will keep you motivated.

We also recommend creating an action plan detailing what happens after you pass your real estate exam. This will give you a clear direction on how you want your career to proceed.

Also, prepare to join a real estate team to be able to get guidance from experienced agents.

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.