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

Arkansas real estate license law has very clear provisions on how your criminal background may or may not impact your ability to get a real estate license.

Certain convictions will lead to an outright denial of licensure, while others require you submit a waiver for specific review.

Read on to know exactly what types of convictions fall into each category, and what steps you may be able to take if you run into issues.

A background check is part of the real estate licensing process in Arkansas, so you will have to agree to one in order to proceed.

Along with your application, you will have to submit a Criminal Background Check form which verifies your identity and your approval of the background check.

After sending this paperwork in, you’ll be notified about getting your fingerprints to submit to the Arkansas State Police. They conduct the background check.

You must have your fingerprints collected electronically if you’re an Arkansas resident. Non-residents, on the other hand, are required to submit a fingerprint card.

While having a felony on your criminal record isn’t an automatic disqualification, real estate license law in Arkansas does call out crimes that are a danger to the public.

Some of these can be reviewed through a waiver process, but others require immediate disqualification from the licensing process.

Permanent disqualifying offenses include:

• Murder
• Kidnapping
• Sexual assault and other sexual crimes
• Crimes endangering the welfare of a minor or incompetent person
• Arson
• Aggravated assault as classified as Class Y felony
• Felony adult abuse

Certain non-violent felonies can get reviewed through a waiver process, which you must request at the time you submit your real estate license application.

While under review, certain details will be taken into account, including:

• Age at which offense was committed
• Circumstances around offense
• Time elapsed since offense
• Relevance of offense to occupational license

Along with the waiver, you can submit employment and character references for those who’ve known you since the offense occurred.

You can also submit other evidence that shows you pose no threat to public health and safety.

If more than five years have elapsed since the date of conviction, end of incarceration, or end of probation, you may also be exempt from having to submit a waiver.

You’ll have to meet certain conditions in addition to the elapsed time to qualify.

If you’re uncertain how your background check will impact your chances of getting a real estate license in Arkansas, you can request a pre-licensure determination.

During this process, your criminal record details go under review with the Arkansas Real Estate Commission (AREC).

They make the determination whether your situation is disqualifying or a waiver is appropriate.

Most misdemeanor crimes aren’t considered permanent disqualifiers in Arkansas.

Instead, they’ll most likely require that you submit a waiver for the conviction to go under review.

At this stage, the AREC will look at details like your age at the time of the offense, details surrounding the conviction, and how long ago the offense took place.

They’ll also look at the conviction’s relevance to being a licensed real estate agent.

You must request the waiver at the time you submit your real estate license application, and can include professional references, character references, and additional evidence.

If you’re worried your background check will lead to a disqualification, and don’t want to pay the application fees, you can request a pre-licensure determination.

This allows the AREC to review your criminal record details earlier on in the process, and make a decision on whether you’d qualify for a license.

The only instances where a conviction on your record won’t impact your eligibility for a license is if the conviction is more than five years old, and you:

• Have no convictions of a violent or sexual crime
• Have no convictions on your record within the five-year period leading up to your application

You can get a real estate license if you have a DUI in Arkansas, but since the details surrounding this criminal offense vary from person to person, it must get reviewed.

However, a DUI is classified in Arkansas as a traffic violation, so assuming there are no additional charges, a DUI shouldn’t prevent you from getting a real estate license.

That said, this is a perfect instance to request a pre-licensure determination to establish your next course of action.

The AREC review will tell you whether you may qualify to submit a waiver, or if one isn’t necessary at all.

Besides being completely transparent about your criminal record, the best tip if you have any previous convictions is to request a pre-licensure determination.

Doing so will enable you to know, right away, whether you qualify for a license, and can submit a waiver for your background review.

Knowing upfront about a disqualification can prevent you from paying the fees associated with submitting an application and getting fingerprints.

Fees include $22 for the state check and $14.25 for the FBI background check. Fingerprint collection will cost you $20.

For other expenses associated with getting your real estate license in the state, read — How Much Does It Cost to Get a Real Estate License in Arkansas?

Knowing a waiver is allowed early gives you time to prepare any references and additional evidence for review by the AREC.

Your ability to appeal a negative decision varies based on the specific course of action you took to get your background check reviewed.

If you receive a negative decision during the pre-licensure determination, it is not subject to appeal. The decision of the AREC stands.

However, if you request a waiver, in writing, alongside your application and fees, and that gets denied, you may have the right to an appeal.

The AREC does provide a list of actions that can lead to license disqualification of those already working as an Arkansas real estate agent.

Violations include, but are not limited to:

• Fraud or misrepresentation
• Felony conviction while licensed
• Mishandling money
• False or deceptive advertising
• Incompetency as a real estate agent

Complaints are reviewed by the AREC and a hearing will take place if the charges are validated.

If found guilty, you could end up with a suspended or revoked license and be refused the ability to renew. You may also have to pay a penalty or face certain restrictions.

Making it through the background check and getting approved for licensure gets you one step further along in the real estate licensing process.

Next, you’ll need to complete your pre-licensing education requirement and prepare to take the real estate license exam.

You can take your pre-licensing coursework at a post-secondary school or at an accredited real estate agent school in Arkansas.

There’s an option to take your courses via online or by attending face-to-face classes in a traditional classroom.

Each method comes with pros and cons, so it’s necessary to compare real estate classes online vs. classroom courses before you enroll.

You’ll learn a lot during class, but what really evens the odds for passing the Arkansas real estate exam the first time out is to study.

Preparing solid study materials like flashcards and topic outlines can help keep you organized as you go through material.

You can also purchase a practice test from Pearson VUE, the company who administers the Arkansas real estate exam itself.

Another vital resource is the Arkansas Real Estate Candidate Handbook.

It contains topic outlines for the exam, along with information on the number of questions in each section.

You can also refer to helpful tips on how to study for the real estate exam.

Utilize all these materials to study. Find a quiet place where you can work without interruption, and consider forming a study group for peer-to-peer review.

The more you’re able to study and prepare before test day, the better your chances of receiving a passing grade on your very first attempt.

From undergoing a background check to sitting for the real estate exam, you will have to work around your schedule to ensure you’re giving each step in the licensing process ample time to be completed.

You can refer to our guide on how long it takes to get an Arkansas real estate license to get an idea of the hours you need to devote to accomplish all steps.

After passing the real estate exam, you are ready to submit your license application. If you’re looking to work immediately as a real estate agent in the state, your license should be on active status.

This requires that you get the sponsorship of a licensed broker. Our directory of top real estate brokerages in Arkansas can give you a vetted list of certified brokers near your area.

For helpful pointers on what to look for in a top real estate company, refer to our guide on choosing the right broker to work for as a new agent.

When you start working as an active agent, arm yourself with the following informative guides to ensure you’re building a real estate career with success in mind:

• Pros and cons of being a real estate agent
• What to do after passing the real estate exam
• How to join 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.