Wednesday, April 22, 2009

Can I have a Real Estate License if I have had misdemeanor or felony conviction?

A number of real estate students have expressed concern that they cannot have a real estate license if they have had a misdemeanor or felony conviction. Ultimately, it is up to the Department of State (DOS) to decide whether an applicant can have a license or not. The DOS has an investigative unit who reviews the court documents.

It seems likely that the factors the DOS would consider are:
  • the license the applicant desires, e.g. salesperson, broker, appraiser, home inspector
  • the nature of the misdemeanor or felony
  • the court disposition papers

Applicants for a salesperson license for example, who have have been convicted of a misdemeanor must include a certified accusatory statement along with a disposition from the courtwith their license application. Applicants who have been convicted of a felony must include a Certificate of Relief from Disabilities and other documentation with their application.

You can write to the DOS at the following address:

NYS Department of State, Division of Licensing Services

P.O. Box 22001

Albany, NY 12201-2001(518)

or call: 474-4429 (customer service hours 9:00am - 4:45pm)

Visit the main office at:

Alfred E. Smith Office Building

80 S. Swan Street, 10th floor

Albany, NY 12210

If you need to speak with a certain individual, an appointment will probably be required.

Real estate licensure applicants who are denied a license have the right to file an appeal with the DOS.

4 comments:

  1. We never ask an applicant at the time of applicant if they have a criminal record. Once in class they learn about it, which is too late for a refund. From my experience with the Department of State on this issue, they will only consider the application once the candidate has completed an application, which means, certificate of completion of course and passing of tests.

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  2. IMO, It doesn't matter if the person have convicted long ago and take the real estate licensing, he/she has a right to take that program we because have a freedom and this certification are for all of use as long as you have a money and knowledge.

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  4. You always say what needs to be said. Thanks for writing this.

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