Having dreams of a career in Florida real estate, but worried that a past legal mistake might stand in your way? It’s a common concern, but a criminal record doesn’t have to be the end of your professional aspirations.
Can a felon get a real estate license in Florida? The path to licensure is possible, and this guide is here to show you how. We’ll explore whether you can get a real estate license in Florida with a criminal record, what the process involves, and how you can present the strongest possible application.
Key Takeaways
- Honesty Is Crucial: You must be completely truthful about your entire criminal history on your application. Failing to disclose information, even for sealed or old offenses, is grounds for automatic denial.
- Approval Is Case-By-Case: The Florida Real Estate Commission (FREC) reviews each application individually. There are no automatic disqualifications, but crimes involving dishonesty or moral turpitude face greater scrutiny.
- Rehabilitation Matters: Demonstrating that you are of good moral character now is vital. The commission considers the time that has passed, evidence of rehabilitation, and your conduct since the offense.
- Documentation Is Your Support: A strong application includes official court documents, proof of completed sentences, and character references to support your case for licensure.
Background Check and Criminal History Review
Before you can get a license, your legal history plays a significant role in the application process. All applicants must undergo a thorough background check.
The fingerprinting and review process
Immediately after submitting your salesperson application, you must submit your fingerprints through a Livescan Service Provider registered with the Florida Department of Law Enforcement (FDLE). When you go, you’ll need to provide the Originating Agency Identification (ORI) number for real estate, which is FL920010Z.
Pro Tip: You can also complete the fingerprinting process at selected Gold Coast Schools locations.
Your fingerprints are then sent to both the FDLE and the FBI. These agencies process the prints and deliver the results to the Department of Business and Professional Regulation (DBPR), usually within three to five business days. If you have a criminal history, the department will conduct a detailed criminal history review to determine if your record disqualifies you from becoming a real estate professional.
Florida Real Estate License Eligibility with a Criminal Record
So, can a felon get a real estate license in Florida? The answer is yes, it’s possible. Florida doesn’t automatically bar individuals with felony convictions from obtaining a license. To become licensed, you must be honest, truthful, trustworthy, and of good moral character. If an applicant has a history that contradicts these qualities, it could be a basis for denial.
The Florida Real Estate Commission (FREC) has the authority to disqualify applicants based on their history, but it also considers the passage of time and evidence of good conduct. For felony convictions, you will likely be required to submit a detailed written explanation of the offense along with official legal documents.
Specific Felonies and Disqualifying Offenses
While no crime guarantees denial, offenses that question your honesty and integrity receive the most scrutiny. The FREC is focused on protecting the public, so crimes that involve moral turpitude are a significant concern. These include offenses related to fraud, theft, forgery, or other acts of dishonesty.
Violent felonies, drug trafficking convictions, and crimes directly related to housing or finance will also trigger a more intensive review. The more an offense relates to the duties of a real estate agent—handling money, accessing homes, and acting in a client’s best interest—the more challenging it will be to gain approval.
Waiting Periods After Felony Convictions
Florida statutes do not specify a mandatory waiting or “look-back” period after a felony conviction. However, the FREC wants to see a significant amount of time between the offense and your application. This demonstrates a sustained period of good conduct.
As a general guideline, the more time that has passed since the completion of your sentence (including probation or parole), the better. It’s crucial to show a clean record and positive life changes during this period. Applications submitted shortly after a sentence is completed are less likely to be approved.
Decision-Making Authority and Appeals
The ultimate decision rests with the Florida Real Estate Commission. If your application has red flags, it may be placed on the agenda for a board review. In some cases, you may be required to appear before the commission in person to answer questions about your past and your rehabilitation.
If your application is denied, you have the right to an appeal. The process allows you to present your case at a formal or informal hearing, where you can provide more evidence of your good character and fitness for licensure.
Florida Statutes Related to Criminal History
Several state laws govern this process. It’s helpful to be aware of them as you prepare your application:
- Chapter 475.17, Florida Statutes: This outlines the basic qualifications for a license, including the requirement for good character. It gives the FREC the discretion to deny a license to an applicant who has been found guilty of conduct that would have warranted suspension or revocation if they were already licensed.
- Chapter 475.175, Florida Statutes: This statute details grounds for denial, specifying that an application can be denied if the applicant has acted as a broker or sales associate in violation of the law within one year of applying.
Understanding these statutes provides legal context for the commission’s review process.
Disclosure and Honesty in the Application Process
Lying about your criminal background on your application is the fastest way to get denied. The Florida real estate salesperson application requires you to answer background questions, and signing the document confirms that you understand falsifying information can lead to criminal penalties.
Transparency is non-negotiable. Be completely honest about every charge, even if it was a misdemeanor, occurred long ago, or was sealed or expunged. The background check is comprehensive and will likely uncover anything you omit.
Steps to Apply with a Criminal Record
Approaching the application process with honesty and thorough preparation can greatly increase your chances of success.
- Be Truthful on Your Application: Disclose your entire criminal record. Provide detailed information about your charges, including dates, the nature of the offense, and the outcome.
- Gather Documentation: Collect all relevant documents, such as court records, sentencing orders, and proof of completed rehabilitation programs. A fingerprinting card receipt and your application are just the start.
- Get Character References: Obtain letters from employers, community leaders, or others who can speak to your good character and rehabilitation efforts.
- Prepare a Personal Statement: Write a detailed explanation of your criminal record. Explain the circumstances, show remorse, and outline the steps you’ve taken to rehabilitate yourself. Highlight positive changes, such as stable employment, community service, or education.
- Complete Your Education: Show your commitment by completing the required 63-hour pre-license course and passing the state exam.
Types of Criminal Offenses and Their Impact
Each applicant is judged on a case-by-case basis. While a misdemeanor DUI from a decade ago might not be a major issue, a recent felony conviction for mortgage fraud will be. The commission weighs the nature of the crime, how long ago it occurred, and what you have done since. The key is demonstrating that you are now a person of good moral character who can be trusted to serve the public.
Ban the Box and Real Estate Licensure
“Ban the Box” initiatives are laws that prevent employers from asking about criminal history on initial job applications. However, Florida does not have a statewide ban-the-box law that applies to professional licensing. The DBPR requires upfront disclosure of your entire criminal history as part of its public-facing gatekeeping role.
Ready to Start Your Real Estate Career?
A past mistake doesn’t have to define your future. With the right preparation and a commitment to honesty, obtaining your Florida real estate license is an achievable goal. Gold Coast Schools has been helping students succeed since 1970, and we are here to support you every step of the way.
Explore our courses designed to help you succeed, regardless of your background.
- Flexible Learning Options: Choose from in-person, livestream, or on-demand courses that fit your schedule and learning style.
- Expert Instructors: Learn from seasoned industry professionals in Florida who provide real-world insights.
- Comprehensive Exam Prep: Get the best exam prep materials to ensure you pass the state exam on your first try.
- Career-Long Support: We’ll be with you throughout your licensing process and throughout your entire career, providing post-licensing courses, continuing education, and professional development.
- Proven Success: Join over a million students who have launched their careers with Gold Coast Schools.
Check out Gold Coast School’s pre-licensing course schedule. You can complete your real estate classes with Gold Coast in as fast as one week!
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