Can You Get a Kentucky Real Estate License with Violations such as Felony, DUI or Misdemeanor?
If you have a criminal conviction in your past, you don’t necessarily have to give up your dream of getting a Kentucky real estate license.
However, you do need to be prepared to clear some hurdles. This guide clues you in on what those are.
We tell you all about the background check process, what violations the Kentucky Real Estate Commission (KREC) considers, what factors into their review, and more.
So, continue reading to get your questions answered, plus get tips on applying for a license in the Bluegrass State when your legal past is less than rosy.
Should I Pass a Background Check for a Kentucky Real Estate License?
In Kentucky, a real estate license background check is required for all applicants, including those eligible for a license through a reciprocity agreement with another state.
The KREC reviews your criminal record check findings to ensure you qualify for licensure.
The FBI performs the check by cross-referencing your fingerprints against their database. They generate a report that lists criminal history information, if there is any.
Timing-wise, the KREC requires applicants to request their criminal history check before registering for the exam. When you have convictions, the sooner you do this, the better.
There are two ways to initiate the process:
- Through the FBI — costs $18 and the background report comes to you
- Through the State Police — costs $51.25 and the report goes to the KREC
To make your request directly with the FBI, you have to complete a form online and submit your fingerprints electronically. You can get fingerprinted at a participating U.S. Post Office location.
When requesting your report through the Kentucky State Police, you must schedule a fingerprinting appointment with the state’s authorized vendor, IdentoGO.
If you have criminal violations on your background report, there’s a possibility that you may be disqualified for a license depending on the particulars related to your offense.
The KREC must safeguard the public interest when deciding whether to grant a license. So, the odds drop if your crime casts doubt on your ability to conduct business in that manner.
Some examples are convictions for violent crimes, felonies, financial crimes, and offenses that require you to register as a sex offender.
Can You Get a Real Estate License with a Felony in Kentucky?
A felony conviction doesn’t preclude you from applying for a Kentucky real estate license. However, it may put your application under closer scrutiny and kill your chances of being approved.
Whether or not, it does depend on the particular crime, when it was committed, and its relationship to licensure in the profession.
The KREC takes felonies seriously, and there’s a 10-year lookback for considering them in the process. So, your background will be investigated if your conviction falls within that period.
Even if your conviction occurred before that window, the KREC could further investigate it if they chose to. They have the legal authority to do so.
Once their investigation is done, you will either be allowed to proceed with licensure or have to attend a hearing where the KREC will determine if you meet licensing standards.
When deciding whether to grant a license, the KREC will consider the following factors, which are set by Kentucky real estate license law:
- The nature and gravity of the offense and whether it occurred recently or years ago
- How the crime relates to regulating the real estate profession in Kentucky
- How the violation relates to your capacity, ability, and fitness to do the job
To sum it up, the more recent or serious your crime and the more bearing it has on practicing real estate, the harder it will be for you to obtain a real estate license.
Can You Get a Real Estate License with a Misdemeanor in Kentucky?
You won’t be disqualified solely because of a misdemeanor conviction. However, certain situations will trigger a KREC investigation. That could result in a “no” vote on issuing a license.
For example, if you were convicted of a misdemeanor within the previous five years, the KREC is legally obligated to investigate your criminal history report further.
They will consider a variety of factors in their evaluation, including whether there is a direct relationship between the offense and the duties and responsibilities of a licensee.
You are less likely to get the green light to proceed with licensure if:
- Your offense is recent, or you have multiple convictions.
- The crime you committed posed a threat to public safety.
- The offense sends up red flags about your honesty and character.
In those cases, you’ll typically have to appear before the KREC for a hearing that will determine whether you qualify for a license based on the requirements in Kentucky law.
So, what if you have a misdemeanor conviction that’s earlier than the five-year mark? You won’t necessarily get a pass when it comes to a KREC investigation.
They have the power to look into any other convictions and are more apt to do so and deny a license when the crime reflects negatively on your honesty, character, and reputation.
Can You Get a Real Estate License with a DUI in Kentucky?
Under most circumstances, a DUI is a misdemeanor offense in Kentucky. Therefore, it would be subject to further investigation if the conviction falls within the previous five years.
If you weren’t a repeat offender during that time, the odds are in your favor that you can get a real estate license if you have a DUI. However, the same cannot be said if the opposite is true.
Multiple offenses are likely to be viewed negatively. And, if the number of convictions or other aggravating circumstances makes the offense a felony, the lookback increases to 10 years.
Also, the nature of this violation is directly related to a primary function of the profession. Therefore, a felony or more than one DUI could prevent you from getting a real estate license.
Tips for Applying for a Kentucky Real Estate License with Criminal Record or Misdemeanor
The KREC evaluates applicants on their individual merits. Therefore, you’ll want to dot the i’s and cross the t’s when applying for your license to present yourself in the best possible way.
Here are a few tips to help you do that.
- Follow the rules. Make sure you understand and comply with any special requirements and timelines you must meet. If you’re unsure about something, ask.
- Don’t omit any criminal violations. Even if it’s inadvertent, leaving out pertinent information can signal that there’s a problem with your character.
- Make sure your application is complete. Submit all required documentation to demonstrate further that you’re forthcoming.
- Get expert guidance. If you’re worried that serious or multiple violations will keep you from getting a license, hire a lawyer who specializes in these matters.
- Get ready to plead your case. If the KREC orders a hearing, you need to be prepared with evidence that you can now be counted among Kentucky’s model citizens.
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.
Have a plan in place to “explain” or “give proof” you’re not that same person and that people can in fact rehabilitate.
I had two DUI and several misdemeanors on my record, and at the time of licensing, I had a few years of sobriety to go with all of the past charges.
I had letters of recommendation written on my behalf to share with the real estate commission office.
Make sure you’re a changed person before investing the time and money it takes to get and maintain the license.
Get your exception approved by the state board before proceeding.
Get your record expunged first.
Can I Appeal the Commission’s Negative Decision?
Yes, you can, but not until the executive director of the Kentucky Real Estate Authority has issued a final order regarding the KREC’s decision.
Once that happens, you have 30 days to file an appeal. You’re required to file it with the Circuit Court of the county where you live.
Can a Real Estate License Be Suspended or Revoked Because of a Violation Committed After Receiving It?
To remain in good standing as a licensed real estate agent, you must act in accordance with the applicable laws and regulations. Break the rules and you’ll be subject to disciplinary actions.
Specifically, the KREC has the power to order sanctions that include fines, probation, reprimands, and even license disqualification.
State statutes allow any of these sanctions to be imposed against Kentucky real estate agents if they accept a plea deal or are convicted of a felony or certain misdemeanors.
You may also face punitive measures up to and including suspension or revocation of your license if you fail to report that conviction or plea.
There is no time limit on your license suspension. The length of time you’ll be prohibited from practicing real estate will vary based on the violation.
However, when the KREC revokes your license, you lose the legal authority to broker real estate transactions for a minimum of five years.
Before any disciplinary actions go into effect, you’ll receive due process in the form of a hearing conducted by a quorum (majority) of the KREC or an appointed hearing officer.
The commissioners make the decision. The agency head hears that decision and issues a final order regarding it.
Where to Study for a Real Estate License Exam?
Once you’ve completed the background check, you can then focus on completing all the other steps in getting a real estate license in Kentucky.
To know the estimated timeline to accomplish all the steps, read our guide on how long to get a Kentucky real estate license.
For all the fees associated with acquiring a license, our article on how much a real estate license costs in Kentucky can help.
One of the steps in the licensing process is meeting the required pre-licensing education. This is a prerequisite before getting approved to sit for the real estate exam.
You can complete your pre-licensing education in a classroom if you prefer a learning environment with active engagement. Both in-person and virtual instructor-led classes are available.
There are various types of classroom course providers that you can choose from on the KREC-approved list, including the following:
- Real estate agent schools in Kentucky
- Institutes and academies
- Accredited universities
There are also self-paced, online pre-licensing courses for those who want to study where they are most comfortable — at their kitchen table, favorite coffee shop, or the local library.
As you consider where to study, be sure to weigh the various pros and cons of online vs in-person real estate classes. Our video guide on the topic is packed with information to help you decide.
Online exam prep courses are available, too. And not just through internet-based education providers. Brick-and-mortar schools offer them as well.
We also have tips on how to study for the real estate exam to help you prepare for this important test.
To ensure you don’t miss any important topics, know what to study for the Kentucky real estate exam.
Survey of Experts
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Additional Information
Obtaining a real estate license in Kentucky also requires that you have a licensed broker to sponsor your license. This is needed to get your license activated.
You can check out our database of the best real estate brokerages in Kentucky to pick one that’s near your location.
When researching which broker to go for, you can review our article on choosing the right real estate broker to work for as a new agent.
Once you get your license activated, a promising career as a Kentucky real estate agent awaits. Be sure to read our article on the next steps after getting your real estate license.
This is a career that is not without challenges. Our article on the pros and cons of being a real estate agent can give you helpful insight from industry experts on exactly what the job entails.
It also helps to join a real estate team where you can learn 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.