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

New York State takes your criminal history very seriously when applying for a real estate license.

While some past convictions will automatically disqualify you, others will go under review before a determination is made.

To understand exactly what you’re up against should you have a criminal record, keep reading.

We break down exactly what types of charges may prevent you from getting your real estate license, and which probably won’t.

Let’s get started.

There is no official instruction on the Department of State website regarding the requirement to get a background check.

However, you must have a valid Driver’s License or NY ID card in order to complete the application, and you must truthfully answer questions related to your criminal history.

Failure to do so can disqualify you from getting a license and being allowed to complete the application process.

If you don’t have a NY license or ID card, instructions on how to request one are included within the application packet.

If you have a felony on your record, you must answer ‘yes’ to the specific question on the license application.

Along with your response, you must also submit a written explanation of the charges and provide a copy of all court records.

Being found guilty of any felony whether in New York State or not, as well as being found guilty of any type of sex offense, leads to automatic disqualification for licensure.

The only way to circumvent this is with a Certificate of Relief From Disabilities or a Certificate of Good Conduct.

The Certificate of Relief From Disabilities is used if you only have one felony on your record.

The Certificate of Good Conduct is used for two or more separate felonies. You must wait anywhere from 3-5 years after conviction to obtain this certificate.

You’ll also need to affirm that you’re not four or more months delinquent in payments for child support if you’re obligated to pay it.

According to the New York real estate license law, failure to pay child support appropriately can lead to a suspension of your ability to get a real estate license.

If you have a misdemeanor on your record, you must also admit to it on your license application.

You’ll then have to supply a written explanation of the charges and copies of court records.

Required court documents include copies of:

• Certificate of Disposition
• Accusatory Instrument document

You should make sure details regarding the allegations and how the case was resolved are included.

These will go under review with The Department of State, where you’ll receive official communication back once a determination is made.

Most misdemeanors will not prevent you from getting your real estate license in New York.

Does having a DUI prevent you from getting a real estate license in New York? It all depends on what classification your DUI receives.

In New York, a first-offense DUI is typically classified as a misdemeanor, which means you’ll have to share documentation when you submit your application, but can still get a license.

Second and third DUI offenses are classified as felonies, so they may prevent you from getting a license.

You should still submit all required documentation with your application and have The Department of State do a formal review.

That way you can be sure you can get a real estate license if you have a DUI.

Since you must disclose all information about past and pending convictions on the license application, it’s essential to be upfront and honest.

Failure to do so, even if the conviction is minor, can lead to an immediate denial of your application.

Answer the application questions honestly and submit a thorough written response as well as all the required court documents.

This gives The Department of State everything they need to make a fair assessment and ruling on your specific license application.

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.

Talk with an attorney if you have any questions about violations because the rules concerning licensure are different for each state.

— Eddie McGowan, DynamicEdge Realty, Real Estate Broker

Learn the rules and regulations beforehand.

— Chelsea Werner, Compass, Licensed Real Estate Salesperson

If The Department of State is considering denying your application for license, they must notify you in writing before a final determination is made.

You’re then able to submit a written request for a hearing, but must do so within 30 days of receiving your letter.

At this point, you’re able to appear in person and make your case against the issues causing denial to be considered.

Once The Department of State makes its official determination, it is final.

A license disqualification can occur at the discrepancy of The Department of State. This can include a suspension or full revocation for whatever period deemed proper.

When a license gets revoked, real estate agents in New York must wait a year before applying to get relicensed.

If a fine is imposed instead of suspension, it can’t exceed $1,000.

For all the other expenses associated with getting a license, refer to our article — How Much Does It Cost to Get or Renew a Real Estate License in New York?

Acts of fraud or fraudulent practices, dishonest or misleading advertising, and demonstrating untrustworthiness or incompetency in your licensed role can all lead to action being taken.

By the time you’re filling out your license application and disclosing any convictions in your background, you’ve already passed the New York real estate license exam.

However, preparing for that can be even more stressful than gathering the necessary court documents to clarify that misdemeanor on your record.

In order to get through that particular part of the process, you need to know where to study, what to study, and how to study for the most important test of your life.

All licensees are required to take 77 hours of pre-licensing education at any of the accredited real estate schools in New York. You have the option to take your classes virtually or in person.

Each method comes with advantages and benefits, so make sure you choose the best option that will make it easier for you to study and learn.

Our A-to-Z guide comparing real estate courses online vs classroom can help you make the right decision.

Start studying for the exam by taking excellent notes in your pre-licensing education classes. Gather as much information as you can, transferring notes into topic outlines and flashcards.

Next, find a quiet place and set up a regular time to review your notes and look at any additional study materials that may have been recommended to you.

You can even decide to join a study group with other classmates and hold extra review sessions where you can all share notes.

You can refer to my tips for studying for the real estate exam to get more pointers on how to ace the test.

Start studying early and often, leading up to your test day. The more you prepare in advance, the better your chances of passing the New York real estate exam the first time around.

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How difficult was it for you to study and pass the New York real estate license exam?

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Apart from undergoing a background check and completing your pre-license education, another important part of your license application in the state is to get a certified broker to sponsor you.

Your broker will be the one to authorize your license application. You may pick one from our directory of top-rated real estate brokerages in New York.

To guide your selection, refer to our article on how to choose the right broker to work for.

It’s also best to read our article on how long it takes to get a real estate license in New York for the estimated timeline to complete the licensing process.

When your application gets approved and you finally get your license, you’re now ready to work as a certified real estate salesperson in the state of New York.

There’s so much ahead of you as you start working on your new career. Learning a thing or two from accomplished professionals in the field can help guide you. These resources offer great insight:

• What is it like to work as a real estate agent? Industry experts discuss this topic in detail as they answer the question: Is being a real estate agent worth it?

• What is your next course of action after getting your license? One of our experts, Scott Russell, provides a 6-step action plan on what to do after passing the real estate exam.

Apart from these informative reads, you should also consider joining a real estate team to learn from experienced agents face to face.

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.