Can You Get a Virginia Real Estate License with Violations such as Felony, DUI or Misdemeanor?
In this article, we answer all your questions on the background check process when obtaining your real estate license in the Commonwealth of Virginia.
Should you have a conviction in your past, it will come under review and may affect your chances of getting licensed in the state.
To fully understand the implications of a criminal history, keep reading. We break down how Virginia real estate license law’s rules and regulations may impact you during this process.
Should I Pass a Background Check for a Virginia Real Estate License?
Once you’ve passed your real estate license exam, but before you submit your completed license application, you’ll need to get fingerprints taken for a background check.
The good thing is, some testing centers can also collect your fingerprints, so you may be able to get this done on the same day as you take your license exam.
You also have the option to go through Fieldprint.
Submitting your fingerprints starts the Virginia real estate license background check, which should only take a day or two if you don’t have a criminal record.
If there are past convictions on your record, your background check review can take up to 60 days depending on how much additional research is required.
Background checks are a required piece of the real estate licensing process, though, so you can’t skip getting your fingerprints taken no matter your criminal history.
Can You Get a Real Estate License with a Felony in Virginia?
Can a felon get a real estate license in Virginia? While a felony may make it harder for you to get your real estate license in the state, it is by no means an automatic refusal.
First, applicants are looked at to ensure they have a reputation for honesty, truthfulness, and fair dealing.
If the felony pulls these values into question, additional research into the circumstances of your conviction may be necessary.
There’s also a higher risk of refusal if your past charge directly relates to real estate or your role within the industry.
Each conviction is reviewed separately, though, with a close look into the circumstances around the crime, before a decision is made.
Can You Get a Real Estate License with a Misdemeanor in Virginia?
When reporting past convictions, you must list any misdemeanor charges from the five years leading up to your application date.
All convictions are then reviewed by the Real Estate Board and assessed as to whether they may impact your ability to do your job as a Virginia real estate agent.
Specific misdemeanors the Real Estate Board looks at closely are ones that involve moral turpitude, sexual offense, non-marijuana drug distribution, and physical injury.
While the specifics will influence the ultimate decision, misdemeanors like these have a higher likelihood of impacting the perceived ability of you to do your job.
Can You Get a Real Estate License with a DUI in Virginia?
It’s probable a DUI won’t prevent you from getting a Virginia real estate license, but again it all comes down to the specifics.
Each DUI conviction is looked at closely, and assessed based on:
- The extent and nature of the crime
- Your age at the time of conviction
- The amount of time that has passed since the conviction
- Your behavior since the conviction (and if there have been additional charges)
- Evidence toward your rehabilitation after the conviction
A single DUI isn’t as serious as multiple convictions, so keep that in mind as you go through the application process. This means you can get a real estate license if you have a DUI.
Tips for Applying for a Virginia Real Estate License with Criminal Record or Misdemeanor
The key tip when applying for a Virginia real estate license is to be honest and upfront about your past from the start.
Don’t withhold anything, it will come out in the background check anyway.
When filling out the application, answer the questions related to your background honestly, and list all relevant convictions in the space provided.
Read this section of the application carefully as well, since it defines what constitutes a conviction and lists items you do not need to disclose.
Keep all court documents and other valid paperwork related to your convictions close at hand should the Real Estate Board ask for supporting materials during their review.
If the Real Estate Board reaches out with questions or requests relating to your convictions, respond promptly and be cooperative.
It’s also a good idea to go through this process with patience. Remember, it can take up to two months for your review to be completed.
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.
Contact your local Department of Professional Licensing and find out what their requirements are. Speak with brokers who are knowledgeable about this topic.
You need to disclose it upfront when applying to the state for your license. If you don’t and they catch it, you will be denied.
You will need to explain in detail to the Virginia Real Estate Board everything about the violation.
Can I Appeal the Commission’s Negative Decision?
Whether denied initial licensure, or you have an existing license suspended, in Virginia you do have the opportunity to appeal.
However, you must file the appeal with the Real Estate Board within 21 days of the initial order.
The Administrative Process Act dictates the steps you’ll need to take.
Can a Real Estate License Be Suspended or Revoked Because of a Violation Committed After Receiving It?
License disqualification or the right of the Real Estate Board to deny a license renewal are both possible under certain conditions.
Specifically related to a criminal conviction, should you receive one while actively licensed, the same rules apply as those that occur when your initial background check is under review.
The relation of the crime to your ability to do your job is heavily considered along with the act itself and the circumstances around it.
You can also run into disciplinary action if you fail to meet the terms of your license or any Real Estate Board order, or if you fail to pay any monetary penalties or costs.
Regarding disciplinary actions, the Real Estate Board has the right to suspend or revoke a license if you violate the provisions set forth in the Code of Virginia.
Where to Study for a Real Estate License Exam?
Once you’re at the point where you’re getting your fingerprints and submitting them with your application, you’re already pretty far in the licensing process.
You’ve already taken and passed the real estate license exam, which means you’ve already spent a significant amount of time studying.
Rewinding things a little, though, it’s how you study that will make all the difference. The more you know, the higher your chance of passing the Virginia real estate exam the first time you take it.
Choosing the method of instruction also makes a big difference when studying to complete your Virginia real estate courses.
Whether it’s in person or online, you must pick the learning style you’re most comfortable with.
For this specific purpose, we have a video guide that breaks down the pros and cons of real estate classes online vs classroom courses to make it easier for you to decide which one is best for you.
To fully prepare, start by taking thorough notes in your pre-licensing classes and then converting those notes into ready-made study materials.
Create topic outlines and flashcards to keep each important subject streamlined. Review the exam outline in your PSI Bulletin as well to ensure you’re covering everything.
Next, find a quiet place to work where interruptions and distractions are at a minimum. You want to dedicate time where you know you can focus on studying every day.
Once you feel prepared, that’s when to schedule your exam, allowing yourself extra study time in the few days leading up to the test, so you’re totally ready when it’s actually time.
For extra tips, read our article on studying for the real estate exam.
Survey of Experts
How difficult was it for you to study and pass the Virginia real estate license exam?
How many attempts did it take you to pass your real estate license exam?
Additional Information
Make every effort to follow all the rules and regulations set forth by the Virginia Real Estate Board to ensure a hassle-free process when getting your license.
Part of which is choosing a real estate broker to work for. You will need to be sponsored by an active, licensed broker who will train you and supervise your dealings as a new agent.
Thoroughly research real estate brokerage firms in Virginia and pick one that aligns with your career goals.
Do note that getting a real estate license in the state could take up a significant portion of your time, so make sure you’re fully committed to putting in the hours required to complete the process.
To get an idea of the time commitment involved, read our guide on how long it takes to get a real estate license in Virginia.
To properly plan for your licensing budget, refer to our article on Virginia real estate license fees.
While waiting for your license approval, read the following resources to prepare yourself for a busy career in real estate:
- Pros and cons of being a real estate agent
- 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.
__
If you want to contribute your expert advice on a topic of your expertise, feel free to apply to our Expert Contributor Program.
__
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.