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

Getting an Oregon real estate license when you have a criminal past isn’t an easy feat. This article can help you work through the process by familiarizing you with the standards and rules.

Read all about how the Oregon Real Estate Agency assesses your background, what goes into the screening, what considerations apply, and what you can do to facilitate a favorable decision.

Here’s your in-depth look at the key points you should know.

All first-time applicants are subject to a background screening to qualify to become a broker, the title for entry-level real estate licensees in the state.

What does that screening entail?

The Oregon real estate license background check requires self-reporting of any criminal history and fingerprinting for a criminal records search.

You self-disclose on your licensing application, which has specific questions about convictions and arrests, including those not yet adjudicated.

As well as providing complete and accurate information, you must submit pertinent supporting documentation, such as court records, for each listed offense.

You’re required to complete the licensing application online at the front end of the process. So, your disclosure starts the background check.

The other component consists of a search of national and state criminal records based on your fingerprints.

PSI Services, the company that administers the licensing exam, provides fingerprinting services for the Oregon Real Estate Agency.

Therefore, you’ll be fingerprinted at the test center after passing the Oregon real estate exam. Or, you can walk in for fingerprinting before or after passing the exam if you take it online with a remote proctor.

The Oregon State Police and the FBI will process your fingerprints, cross-checking them against their respective databases.

Both will provide a background check report that’s part of the Agency’s application review.

The severity and nature of your criminal violation and your efforts toward addressing the underlying causes of your past criminal behavior will impact that evaluation.

To receive background clearance, you must demonstrate that people are financially and personally safe in your hands and that you are ethically up to the demands of the job.

Otherwise, the licensing decision will not likely be in your favor.

Felons can become Oregon real estate licensees, depending on the crime they were convicted of and what they have been up to since that conviction.

Oregon doesn’t have a list of specific felonies that are barrier crimes. So, you can expect your conviction, whatever it’s for, to be the subject of a Criminal Background Fitness Determination.

In making that determination, the Oregon Real Estate Agency considers the nature of the crime and the facts supporting the conviction in the context of the requirement for trustworthiness.

They will also look at relevant intervening circumstances, such as:

• The passage of time since the commission of the crime
• How old you were at the time of the criminal offense
• How likely you are to commit the same or another crime
• Whether you have subsequently committed other crimes
• Whether the conviction has been set aside or pardoned

As well as convictions, you must also disclose arrests when applying, whether they were later dismissed, you completed a diversion program, or they occurred when you were a minor.

If you fail to disclose any felony convictions or arrests, that is in and of itself grounds to deny you a license.

Although there aren’t specific crimes that automatically preclude you from licensure, the Oregon Real Estate Agency makes it clear that applicants must be worthy of trust to receive a license.

They will review your application individually and look at the facts and circumstances of your misdemeanor offense with that in mind to reach a decision.

Mitigating factors are also considerations in that determination. These include the type of crime, how much time has passed, and whether it was a youthful mistake or recidivism is an issue.

Given that, a best-case scenario may be that you committed a misdemeanor that did not involve distrustful behavior many years ago, and prove that you’ve been playing by the rules ever since.

So that you know, you are required to self-disclose arrests in addition to convictions even if the court has yet to make a formal judgment on the matter.

Also be aware that the Agency does not look favorably upon omissions in your criminal history disclosure. If that happens, you may be disqualified.

The short answer is maybe. An impaired driving conviction won’t disqualify you outright. So, you can get a real estate license if you have a DUI.

Whether that’s the outcome hinges on how negatively the specifics of your case impact what the Oregon Real Estate Agency concludes about your character and fitness for the role.

The behavior underlying this criminal violation is such that client safety could be at risk. Therefore, the Agency takes a DUI history seriously in evaluating your application.

If you’re a one-time offender who has shown you’ve long since moved past the behavior leading to your conviction, it’s doubtful that your DUI will prevent you from getting a real estate license.

If your violation is recent, part of a pattern, or one with factors that elevated its classification to a felony, it will be harder to become a licensed broker in Oregon.

Getting a real estate license in Oregon with a criminal record is more involved than it would otherwise be. Therefore, you must make every effort to enhance your chances for success.

Check out the tips below to help you avoid missteps and effectively navigate the details and nuances.

• Read the application questions carefully. That will make it easier to provide complete and accurate answers.

• Disclose everything that’s asked for. Leaving something out causes doubt about your veracity and can result in license denial.

• Submit the required application attachments to avoid delays in processing. Application review doesn’t start until you do.

• Make timely responses to Oregon Real Estate Agency requests. Additional information they may request can be crucial to their decision to grant a license.

• Get expert advice on a criminal set-aside. An attorney can tell you whether you are eligible and what benefit may be derived from it for the licensing process.

You have the right to request a contested case hearing on a Criminal Background Fitness Determination that resulted in license denial.

The Oregon Real Estate Agency must issue a Notice of Intent to Deny detailing why they rejected your application.

That notice must also include information describing your right to appeal and how you are to make the request.

The hearing will be closed to non-participants, and you can have an attorney represent you.

Also, be aware that if the Agency does not receive your request within the time stated in the notice, you will have waived the right to a hearing, and the denial will become the final order.

When you’re issued an Oregon real estate license, you’re granted the privilege of practicing real estate on specific terms that govern your conduct and actions.

That means violating the applicable state laws and administrative rules can land you in hot water with the licensing authority.

For example, the Real Estate Commissioner can strip you of your license or temporarily halt your ability to conduct real estate transactions.

Oregon laws set the grounds for license disqualification, and criminal offenses are among them.

One such violation is a felony or misdemeanor conviction substantially related to a licensee’s competence or trustworthiness to perform professional real estate activity.

Statutes also expressly mention committing a fraudulent act or engaging in dishonest conduct markedly related to your fitness to be an Oregon real estate agent.

That act or conduct does not necessarily have to have occurred while carrying out activities as a licensee.

It’s on you to report any criminal convictions. You’re required to notify the Commissioner in writing within 20 days of the adverse judgment.

When you pass the background check, your focus should then be on studying for the real estate exam. This begins with completing the required pre-licensing coursework.

If you prefer to avoid commuting to class and to set your desired schedule, you can complete the 150 hours of broker pre-licensing education online.

That allows you to bring your learning experience right to your home. Ensure that the study space is clutter-free, comfortable, and reasonably quiet.

Those who want to vary their study space can opt for the hushed atmosphere of a nearby library. Or if you focus better with a steady background sound, a coffee shop can work.

You can also learn via a combination of distance learning and classroom instruction.

Some Oregon real estate schools and community colleges offer in-person classes as one of those hybrid components. In that case, your learning environment is a campus classroom.

The other option is studying in a virtual classroom. For that, you can attend class without leaving your house.

A distraction-free area with a desk or table should fit with the school’s participation norms.

If you supplement your preparatory classwork with an online exam prep course, you can also study at home, in a community spot, or by alternating between the two.

Pick the most ideal study option that works best with your learning style so that you will be able to pass the real estate exam on your first try.

To help you decide, refer to our guide discussing the pros and cons of real estate classes online vs classroom courses.

Let this article guide you as you fulfill the requirements for obtaining your real estate license in the state. Should you need more information on the state’s licensing process, check out these resources:

• How Much Does It Cost to Get a Real Estate License in Oregon?
• How Long Does It Take to Get a Real Estate License in Oregon?

All licensee applicants are required to be affiliated with a licensed real estate brokerage firm in Oregon. A lot of factors should be considered when on the lookout for the best broker to work for.

Our guide on how to choose the right broker to work for can help you pick out a good brokerage whose business goals align with yours.

While building your real estate career in the state, it will serve you well to prepare a fool-proof plan for what happens after you pass your real estate exam.

Make joining a real estate team a part of this plan, so you can meet experienced agents and learn from their experience.

Additionally, our article on the pros and cons of being a real estate agent can give you an idea of the day-to-day life of a realtor.

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 both a licensed mortgage loan originator and real estate agent in the State of Ohio. Inspired by her years of working with buyers and sellers and seeing a need for more consumer education, Kristina created loanfully.com, an online educational resource for borrowers and industry professionals. In addition to real estate sales and mortgage lending, Kristina had an extensive corporate career in banking, treasury, and corporate finance. She ended her corporate career as an Assistant Treasurer at a publicly traded oil & gas company in Houston, TX. Kristina obtained her MBA from the Weatherhead School of Management at Case Western Reserve University and her B.A in Business Management from Ursuline College.