Can You Get a Missouri Real Estate License with Violations such as Felony, DUI or Misdemeanor?
In Missouri, there are very few crimes that will lead to an immediate denial of a real estate license.
In this article, we help you prepare for what to expect, whether you’re reporting a felony, misdemeanor, or DUI on your real estate license application.
Keep reading to better understand what convictions may trigger a red flag and what you can do to properly manage a criminal record in Missouri.
Should I Pass a Background Check for a Missouri Real Estate License?
Fingerprints are a required part of the real estate licensing process in Missouri. They are needed to run a background check on you.
The best time to schedule getting fingerprinted is once you finish your pre-licensing coursework.
This provides plenty of time to get them submitted before you fill out your license application, which happens once you pass the real estate license exam.
You won’t need an appointment to complete this part of the real estate license process, but you do have to register.
To do so, visit the Missouri Automated Criminal History System site and provide the real estate license four-digit registration number, 0004.
Completing your registration then gives you access to locations near you that work through IdentoGo to collect your fingerprints.
Can You Get a Real Estate License with a Felony in Missouri?
Can a felon get a real estate license in Missouri? The answer is yes, but with a few caveats.
Missouri real estate license law states that a license request can’t be refused solely because of a prior conviction unless it directly relates to the duties and responsibilities of the job.
The law then goes on to list criminal areas that carry a higher risk of licensing refusal. They include:
- Murder in the first degree
- Dangerous felonies defined under Missouri real estate license law 556.061
- Sexual offenses relating to rape, assault, child molestation, and sodomy
- Incest, child abandonment, endangering welfare of child, child trafficking, and child pornography
- Fraud
- Controlled substance delivery
Other criminal areas that directly relate to the duties and responsibilities of a real estate professional don’t carry weight forever.
They’re only reviewed for the four years preceding the date when the individual was released from incarceration.
Can You Get a Real Estate License with a Misdemeanor in Missouri?
Since misdemeanors are less severe crimes than felonies, there’s a significant chance you could still earn your real estate license with a conviction of this kind on your criminal record.
In this case, any conviction that relates to your duties and responsibilities as a real estate professional are evaluated against four specific factors:
- The nature and seriousness of the crime
- When the crime was committed and how much time has passed
- The relationship of the crime to the ability, capacity and fitness required to perform the job of a real estate professional
- The amount of rehabilitation or treatment that has already taken place
With these benchmarks in place, your specific criminal record will go under review with the Missouri Real Estate Commission.
A written notice will then be sent to you detailing the Commission’s decision.
Can You Get a Real Estate License with a DUI in Missouri?
In Missouri, a DUI won’t prevent you from getting a real estate license.
Although a DUI is only considered a felony in Missouri after two offenses, it’s still excluded from the list within the state’s real estate law 556.061. It cannot lead to immediate refusal.
You do still need to disclose the conviction on your real estate application and be forthcoming about the charge, but you can get a real estate license if you have a DUI.
Tips for Applying for a Missouri Real Estate License with Criminal Record or Misdemeanor
It’s always best to be straightforward about any past criminal activity on your record when applying for a real estate license in Missouri.
It comes out anyway in the background check, and you don’t want to get penalized for withholding information.
Missouri makes it easy to include this type of information when filling out the real estate application. You’re also able to submit additional information as separate documents.
If you’re at all concerned about your criminal record leading to a denial of your real estate application, make sure to review all the information related to getting a license with violations prior to your application.
This will save you time and money preparing to take the license exam should you not be eligible.
You’re able to petition the Missouri Real Estate Commission at any time to review your criminal record and make a determination on your eligibility.
The Commission will report back no more than four months after receiving your petition. Timing just depends on when the next commission meeting takes place.
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If you have violations, clean up your life and plan in advance for it. Do something else (legal of course) while those violations are being cleaned up.
Perhaps consult an attorney to see what can be done to assist you in cleaning up your past.
You have a chance to negotiate with the Board if you get denied, so get it together, be presentable, and tell them exactly your intentions, why you’re doing this, and why you are deserving of it.
Consult with a legal professional who specializes in real estate and other professional licenses.
Can I Appeal the Commission’s Negative Decision?
If your request for a real estate license gets denied, you do have the right to appeal the decision.
Once you receive written notice of the denial, you’re able to file a complaint with the Administrative Hearing Commission in Missouri.
After you do that, a trail-like hearing will occur, and you should procure legal representation to ensure proper procedures are followed.
It is within the powers of the Administrative Hearing Commission to overturn a decision made by the Missouri Real Estate Commission, meaning your denial could get reversed.
Can a Real Estate License Be Suspended or Revoked Because of a Violation Committed After Receiving It?
Real estate agents in Missouri may face license disqualification for either of the following reasons:
- Substantial misrepresentation
- Keeping money separate from personal accounts
- Acting for more than one party in a single transaction
- Guaranteeing future profit
- Using prizes or gifts to entice potential customers
See the complete list at revisor.mo.gov.
It’s a lengthy list of behaviors that all go against your ability to properly and honestly do your job as a real estate professional.
If you find your license under review, or face suspension or worse, you can appeal the decision with the Administrative Hearing Commission as well.
Your intent to appeal must be received within 90 days of the mailing of the notice of suspension or revocation. Once your appeal is received, a hearing will be scheduled.
Where to Study for a Real Estate License Exam?
As mentioned, you can schedule your background check once you’ve finished your pre-licensing coursework.
Completing the required pre-licensing coursework prepares you for the real estate license exam. In Missouri, pre-licensing education consists of a 48-hour course for both salesperson and broker licenses.
There’s an additional 24-hour required course that all salesperson licensees must take as well.
All hours must be completed through approved institutions. You can find one from our directory of accredited real estate courses offered in Missouri.
You have the option to complete your courses via online or in-person classes. Know which method suits you by reading our A-to-Z guide on real estate classes online vs. classroom courses.
You can then collect additional information as to what to study through the PSI Candidate Handbook. Additionally, you can refer to our article — How Hard Is the Missouri Real Estate Exam?
PSI proctors the test, and includes a detailed outline of the exam within their resource materials.
After you’ve collected all your study materials, and taken copious notes in class, you’ll need to set aside specific study periods to review the material.
You can do this on your own, with a study group, or as a combination of the two.
Some effective study tools include flashcards and topic outlines. Both can help you streamline your studying process.
Set aside enough time to study to really feel ready to take the exam. Only then should you schedule your test. This improves your chances of passing the real estate exam on your first try.
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Additional Resources
Apart from completing the pre-licensing education and passing the background check and real estate exam, there are a few other prerequisites when getting a real estate license in Missouri.
Among the requirements is getting sponsored by a licensed broker before you can work in the business. This part of the process is required to get your license activated.
Our vetted directory of top real estate brokerage firms in Missouri provides you with a list of real estate companies near your location.
Before you pick one, make sure to review our guide on choosing the right broker to work for as a new agent to give you an idea of what to look for in a brokerage firm.
All the steps in the process require your full attention. If you have other responsibilities on the side, it’s best to know how long it takes to get a real estate license in Missouri to plan your schedule accordingly.
Of course, you need to prepare financially when you acquire your license. Our article on the cost of a real estate license in Missouri can help you set a reasonable budget.
Once you get your license activated, you’re able to begin your journey as a real estate agent in the state of Missouri. The following resources can help jumpstart your career in the right direction:
- The next step after passing the real estate exam
- The pros and cons of being a real estate agent
- 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.