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

Getting a real estate license in Oklahoma with a history that includes criminal conduct can feel overwhelming when you don’t know what to expect.

This article takes the mystery out of the process by exploring what the Oklahoma Real Estate Commission requires and the violations they consider.

We will also walk you through the factors that can impact your eligibility and provide great tips for applying.

Here is the full scoop on what you need to know.

In addition to self-reporting a criminal record when applying, you must undergo a national background screening before becoming a licensed provisional sales associate.

The Oklahoma real estate license background check begins with being fingerprinted. IdentoGO is the state-approved vendor for this service.

You must schedule an in-person appointment with IdentoGO, at which they will capture your fingerprints electronically. There are no paper cards or ink.

Your digital prints are then submitted to the Oklahoma State Bureau of Investigation for processing. That consists of searching for a match to your fingerprints in criminal databases.

The Bureau reports results to the Oklahoma Real Estate Commission.

As previously mentioned, part of the application process also involves disclosing whether you have any criminal history.

You are explicitly asked about prior felony convictions. Another question inquires about current charges or pending trials, verdicts, or sentencing in a felony criminal proceeding.

Affirmatively answering either leads to another requirement. You must submit relevant court documents. You also have the opportunity to write a personal explanation of the circumstances.

The Commission will consider all this information when evaluating your application. So the particulars of your situation and evidence of rehabilitation factor into their decision.

They will grant a license only if convinced that the case presented regarding your history and conduct since the conviction speaks to current trustworthiness and upright character.

You may qualify for a license despite a felony conviction, depending on the associated crime and how distant it is in your past.

In Oklahoma, certain criminal offenses make you ineligible for licensure for a predetermined number of years.

For instance, you can’t obtain a license within 20 years of completing any criminal sentence for violations such as the ones listed below.

• Violent crimes like murder or assault
• First-degree robbery or burglary
• Sexual crimes against children
• First-degree sexual assault
• Abuse of a vulnerable adult

You are also barred from getting an Oklahoma real estate license for 10 years for other felonies if the offense substantially relates to the occupation and poses a reasonable threat to public safety.

Even if the set time has elapsed when you apply, there’s still a chance that you won’t be granted a license.

You must be otherwise qualified, of course. Additionally, the Commission will still review your background report results and the information you provide to make a decision.

They also have a list of crimes that may result in the denial of your application. If you’re convicted for one on that list, getting a license will be more of a challenge.

Unless the violation is particularly severe, a misdemeanor won’t likely close your path to becoming a provisional sales associate.

The Commission reviews the circumstances of each candidate individually. So, your application will be evaluated on its own merits.

Given the Commission’s approach to felony convictions, it’s fair to presume that the litmus test for eligibility includes the crime’s relationship to the profession and risk to public safety.

Oklahoma statutes define a substantially related offense as one in which the criminal conduct has a direct bearing on your ability or fitness to perform the work.

Safety risk means that the conduct for which you were convicted involved a threat or act of harm against someone else and affects your fitness and ability to serve the public.

You can ask the Commission to review your situation and provide an initial determination by sending an email to [email protected].

Yes, you can get a real estate license if you have a DUI conviction on your background report.

If it’s a misdemeanor and your record doesn’t demonstrate a pattern of impaired driving behavior, your prospects for being licensed are likely brighter.

On the other hand, a felony DUI may prevent you from getting a real estate license within ten years’ time.

The charge rises to a felony in Oklahoma if you have subsequent convictions, had a minor passenger in the vehicle, or your DUI involved an accident that caused serious injury or death.

The Commission may easily view such conduct as a strike against your ability to safely perform a primary duty of the profession, thus meeting the criteria for that disqualifying period.

If you have a RAP sheet, you’ll want to cover all the bases when you apply. The following tips can help you do that well.

• Know the rules. Before taking your first step, read up on wait periods for applying (Title 59 Section 858-301.1) and reference the list of crimes that can impact your eligibility.

• Be honest about your past. The Commission will do a background check. Attempting to hide information will be unsuccessful and can be a basis for denying a license.

• Submit a complete application. It’s your responsibility to submit all required documents. Otherwise, your application may be considered incomplete and rejected.

• Make your explanation count. The Commission gives you a chance to explain convictions or pending actions. Make it clear why you are now worthy of public trust.

• Ask before you apply. You can email the Commission about your specific circumstances if you’d like an individual review to see if your history may pose problems.

You can request a hearing if the Commission renders an adverse decision on your application. You must do it in writing and within 30 days of being notified of the action.

The proceeding will be held before a Hearing Examiner, a panel of the Commission, or the entire Commission.

You can have witnesses. Their testimony will be limited to matters relevant to the issues involved. Also, you can present your own evidence or have a lawyer present for you.

Once your application is approved, you’re licensed for three years as long as you abide by the Oklahoma real estate license code and rules.

If you fail to do so, the Commission may impose sanctions on you as an Oklahoma real estate agent. That discipline can take the form of any of the following:

• Reprimand or probation
• Administrative fines
• License disqualification

The last action on the list can be suspension or revocation of your license depending on the nature and severity of the cause.

And criminal violations are among the causes that may jeopardize your license status.

What types of violations? Crimes that can result in license denial are one example.

Also, Commission regulations specifically mention being convicted of or taking a plea deal for a crime involving moral turpitude and fraud crimes like forgery and embezzlement.

Violation of any provision of the federal fair housing laws is included on that list, too.

The regulations also specify that you have 30 days to notify the Commission in writing of any guilty conviction or plea of no contest to a felony offense.

Your options for where to complete your Oklahoma real estate courses are varied and give you the freedom to pick what’s convenient and preferred.

In-person courses are available at traditional real estate schools for those wanting to study in an academic setting. Other benefits include a regular schedule, networking, and live discussions.

Some of the schools use web conferencing platforms to teach the coursework in a virtual classroom. In this instance, you can study from home.

Just be mindful that, more often than not, schools have guidelines for your study spot. The rules typically specify a distraction-free space with adequate lighting and a desk (or a table and chair).

You can do your classwork anywhere you like if you go to school online. The same is true if you enroll in a pre-licensing correspondence course.

As you pick, think about what works best for you, be it a private room at home or a low-traffic table at a coffee shop. Or, if you prefer a quiet communal space, consider the local library.

Oklahoma exam prep is also offered to help you study for the real estate exam.

Prep classes are offered as a self-paced or virtual-classroom course. So, you can take that in your favorite on-the-go spot or the privacy and comfort of your own home.

If you need help deciding between classroom and online learning, see our video guide comparing real estate classes online vs classroom courses that discusses the differences between the two and the pros and cons of each.

Take all these suggestions into consideration to up your chances of passing the Oklahoma real estate exam on your first try.

Refer to this article to guide you on what to do when obtaining an Oklahoma real estate license with past violations.

Once that issue is out of the way, make sure to focus on the other aspects of the licensing process, such as knowing about how much a real estate license in Oklahoma is.

It also helps to plan your schedule accordingly to ensure that you meet all the requirement deadlines. Our guide on how long to get an OK real estate license can help you with that.

Take note that as part of your requirements, you will be asked to be sponsored by a licensed Oklahoma real estate brokerage firm.

Know what to look for in a real estate company by reading our guide on choosing the right broker to work for.

When you’ve filed your application and waiting for your license to get approved, use the time to know more about the real estate profession by checking out these resources:

• Is being a real estate agent worth it?
• What happens after you pass your 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.