Can You Get an Illinois Real Estate License with Violations such as Felony, DUI or Misdemeanor?
Having a criminal record can impede your ability to get a real estate license in Illinois. However, Illinois real estate law has no absolutes when it comes to crimes committed.
That means there’s always a chance you can get approved for a real estate license even with existing violations.
Keep reading to learn all the specifics associated with applying for a real estate license in Illinois with a criminal record.
Should I Pass a Background Check for an Illinois Real Estate License?
A background check is part of the licensing process in Illinois. In order to complete the background check, you must submit your fingerprints.
The Illinois Department of Financial and Professional Regulation (IDFPR) maintains a list of approved vendors where you can go to get your fingerprints taken.
The average cost is about $15.
Your fingerprints will be sent directly to the IDFPR within 24-48 hours after you get them taken.
Can You Get a Real Estate License with a Felony in Illinois?
There are no felony convictions that automatically disqualify you from getting a real estate license in Illinois. This means a felon can get a real estate license in Illinois.
However, if you do have a conviction on your record, you must disclose all pertinent information within your application.
Convictions will show up in your background check, so don’t withhold anything to avoid looking untrustworthy.
More than 95 percent of those who apply for a license with a past conviction, who correctly fill out their paperwork, have gotten a license.
The only thing that may be different from those without a criminal record is that you may be subject to a two-year probationary period. It’s not the case for everyone.
If you’re concerned about the possibility of an existing conviction holding up your ability to get your real estate license, refer to this FAQ for more details.
Can You Get a Real Estate License with a Misdemeanor in Illinois?
No misdemeanor convictions result in an automatic refusal of licensure in Illinois. However, certain convictions will be weighed more heavily than others when your application is under review.
These include convictions related to dishonesty, fraud, and embezzlement.
The best way to get out in front of any conviction is to make sure you disclose all relevant information when you submit your application.
Can You Get a Real Estate License with a DUI in Illinois?
In Illinois, a DUI can fall under both a felony and misdemeanor charge based on what number offense it is, among other factors.
The first and second DUI offense are often classified as misdemeanors, but the third offense and beyond are charged as felonies.
However, since no convictions lead to an automatic disqualification in Illinois, a DUI won’t prevent you from getting your real estate license most of the time.
Although you can get a real estate license if you have a DUI, you must disclose the charge yourself on your application.
You’ll also need to be helpful and responsive should the IDFPR contact you for additional information.
Tips for Applying for an Illinois Real Estate License with Criminal Record or Misdemeanor
Without a list of convictions that guarantee a refusal for licensure, how you behave regarding your criminal record can weigh heavily on the review process.
Here are some tips to help you pass the screening process:
- Focus on transparency and honesty. Be willing to cooperate with requests related to your application’s review.
- Don’t ignore requests from the Real Estate Division or take too long to respond. This can be seen as a deficiency of character and could affect the results of your review in a negative way.
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Give advice to people with violations on their record to successfully get licensed.
Don’t let an error in judgment stop you from the earning potential you have with real estate.
Disclose the violations in the application prior to the background check.
Can I Appeal the Commission’s Negative Decision?
The Illinois Real Estate License Act of 2000 gives the Real Estate Division the right to maintain prosecutorial staff to bring complaints before an administrative judge.
While this mostly matters once you have your license and receive a complaint, the act puts into play procedures that you can use to request a hearing if your application is denied.
Once the Real Estate Division decides to deny your application, they send you an Intent to Deny letter.
You then have 30 days to contest the denial and request a hearing.At the hearing, you’re able to explain your case and provide additional information to the Division itself that relates to their questions and issues.
Can a Real Estate License Be Suspended or Revoked Because of a Violation Committed After Receiving It?
Should you receive a formal complaint as an Illinois real estate agent, you’re required to appear before the Division. It’s strongly recommended you seek legal representation.
At the administrative hearing, you’ll go before an administrative law judge and receive a ruling. Once you receive a Director’s Order, the decision is final.
Items taken into consideration when a decision is made, if applicable, include:
- Seriousness of offense
- Impact of offense on any injured party
- Lack of cooperation with the Division
Disciplinary actions can include, but aren’t limited to:
- An official reprimand
- Probation
- Suspension
- License disqualification
- Refusal to renew an existing license
- Permanent license inactivation
Fines may also accompany these disciplinary actions.
Where to Study for a Real Estate License Exam?
The tough part about the licensing process is that, by the time your criminal background is being reviewed, you’ve already completed most of the requirements.
With such a subjective review process, it’s also almost nearly impossible to guess whether your past convictions will lead to a denial.
It will serve you well to do your best on all the preceding requirements, which means working hard in your pre-licensing classes and preparing properly for the real estate license exam.
Studying then becomes a huge necessity, and that means knowing what to study, how to study, and finding the right place to study.
Start by choosing a good real estate school in Illinois where you can take your pre-licensing classes.
Most education providers offer courses in different formats, so you should pick the best one that suits your learning style.
This A-to-Z guide comparing real estate classes online vs. classroom courses is a good resource when making your decision.
Take strong notes in your classes and then convert those notes into topic outlines and flashcards. Review as you learn to build your knowledge.
Finding a quiet place with minimal distraction and setting a study schedule are great ways to stay on track. Try to set aside the same time every day to review your notes.
If you struggle with staying motivated on your own, consider forming a study group with some other students in your class.
Additionally, you can refer to these tips for studying for the real estate exam to cover any other bases that you may have missed.
The better prepared you are, the more likely you’ll pass the Illinois real estate exam the first time around. This means when your application review is complete, you’ll be good to go.
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Once you pass the background check, your pre-licensing education, and the real estate exam, you will need to complete all the remaining steps in the licensing process.
It will be easier for you to calculate the time you need to fulfill all the requirements by referring to our guide on how long it takes to get a real estate license in Illinois.
Our article on the cost of a real estate license in Illinois, on the other hand, walks you through all the expenses you need to know when navigating every step of the licensing process.
One requirement that should be checked off your list after passing the exam is finding a sponsoring broker. Choosing among the top real estate brokers in Illinois to find the best fit.
We recommend reviewing this informative guide on how to pick a broker to work for to know the types of real estate companies, how they work, and their commission structures.
When you’ve completed all your requirements and submitted your license application, you will have some time to wait while the Division reviews it for approval.
Make this time productive by checking out great resources designed to make your journey toward becoming a real estate agent successful:
- 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.