An agent who receives a felony while holding a real estate license must notify adre within:
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Learn the rules on convictions and Arizona real estate licenses to find out if you can become a real estate agent despite a prior felony or misdemeanor. Show
Learn more about real estate licensing and get exclusive offers The housing market is booming, which makes it an exciting time to consider a career in real estate. But if you have a criminal record, you may be wondering if it will hold you back from becoming a real estate agent. Here’s everything you need to know about applying for a real estate license in Arizona with prior convictions. Can You Earn an Arizona Real Estate License with a Conviction?Unfortunately, being convicted of a felony or even a misdemeanor may keep you from becoming a real estate agent in Arizona. Real estate agents are held to high ethical and professional standards. Being so, your criminal record could cause your license application to be denied. The Arizona Department of Real Estate (ADRE) is in charge of issuing licenses and doesn’t approve individuals who have been found guilty of crimes such as:
The ADRE also can’t issue licenses to people who are incarcerated, on parole or probation, or under community supervision. If you have a civil judgment against you or had another professional license suspended, restricted, or revoked, that could affect your license application. Good Cause ExceptionHowever, if you can prove that you’ve rehabilitated and changed your behavior since the conviction, you may be able to get a good cause exception. You’ll need to provide evidence of self-improvement such as references or completion of a counseling program. The good cause exception process can take anywhere from 20 days to several months if you need a formal hearing. What to Expect When Applying With a ConvictionWhat should you expect if you're applying for a real estate license in Arizona but have a conviction? Fingerprint Clearance CardBefore you can apply for a real estate license, you’ll need to get a fingerprint clearance card from the Arizona Department of Public Safety. Many professionals who interact with the public including teachers, child care employees, and real estate agents are required to have one. When you apply for clearance, your fingerprints will be used to check your criminal record. If you’re awaiting trial for or have been convicted of a crime such as criminal damage or fraudulent use of a credit card, you may be denied. Disclosure FormAfter securing a fingerprint clearance card, you can try to apply for a real estate license. But you’ll have to fill out a disclosure form that outlines any disciplinary actions or criminal convictions against you. You may also need to provide additional documentation for the ADRE to review. However, it’s worth noting that arrests and minor traffic violations don’t need to be reported. You don’t need to disclose any suspensions or restrictions placed on your driver’s license or commercial driver’s license, either. Although owning up to your past mistakes may prevent you from getting a real estate license, it’s important to answer all of the questions on the disclosure form honestly. The ADRE can also deny you for failing to provide accurate and complete information, so it’s best to be truthful about any past convictions, disciplinary actions, and civil judgments. Start Your Real Estate Journey in ArizonaReady to start your journey into real estate in Arizona? Once you're eligible, the next step is to meet the educational requirements, which include 90 hours of pre-licensing education. We've got you covered on that front! At Aceable, our state-approved courses are 100% online, allowing you to work toward your real estate license on your schedule. We provide interactive games, practice tests, and a comprehensive study guide to help you pass your exam. We’ll even refund your money if you don’t pass the real estate exam in three attempts! Ready to get started? Start the journey to your new career today by signing up for one of our classes. ©2022 Aceable, Inc. All rights reserved. The Arizona Department of Real Estate (ADRE) maintains a library of forms for use by licensees, developers, educators and consumers. Included in its library is a form titled Disclosure Document Checklist, better known as form LI-400. Generally speaking, form LI-400 is used when a real estate licensee is required to disclose a change in status. This includes: (i) a civil action resulting in an order, judgment or adverse decision involving fraud, dishonesty or conduct exhibited in conjunction with a real estate business/transaction; and (ii) a disciplinary action resulting in a restriction, suspension, revocation or denial of a professional or occupational license. The form is also used in those unfortunate instances in which a licensee is convicted of a felony or misdemeanor.
Notably, disclosure does not need to be made at the time of arrest. Rather, written disclosure is required within ten days of the conviction. Even if a licensee were to notify the ADRE at the time of arrest, this will not be considered proper disclosure as it was not made within ten days of the time of conviction. When notifying the ADRE of a criminal conviction, the licensee must provide a written statement containing the details surrounding the events leading to the conviction such as the arresting agency, date of the incident, which court adjudicated the offense, the date of sentencing, as well as the ultimate outcome whether it be a plea or sentence. This should be submitted in conjunction with form LI-214/244, titled Disciplinary Actions Disclosure. Upon receipt of the licensee’s statement, the ADRE will send the licensee a package via certified mail. The package will include a letter identifying which documents the licensee must convey to the ADRE, and the date by which they must be received. The package will also include a copy of the LI-400, which identifies with specificity the court documents that must be submitted. All court documents submitted must be certified, meaning that they contain an endorsement or certificate verifying that it is the primary document. Typically, such documents will contain a raised seal or stamp. When certified copies are stapled together, the staples cannot be removed as doing so nullifies the certification at which point a new set of documents will be required. In addition to the aforementioned statement and certified court documents, the licensee may be required to provide three additional documents: (i) a ten year work history including the employer’s name, address, supervisor’s name and phone number, dates of employment and position held; (ii) a valid fingerprint clearance card from the Department of Public Safety if applying for license renewal when disclosing a criminal conviction that has not been previously disclosed; and (iii) three written, signed and dated character reference letters from individuals not related by blood or marriage and who have known the licensee for more than one year. Because precise compliance is required, licensees are encouraged to contact the ADRE via its Message Center with any questions they may have about this process. Designated Brokers and their designees can also reach out to the Arizona REALTORS® Legal Hotline for guidance. This article is of a general nature and reflects only the opinion of the author at the time it was drafted. It is not intended as definitive legal advice, and you should not act upon it without seeking independent legal counsel Scott DruckerA licensed Arizona attorney, Scott is General Counsel & Assistant CEO for the Arizona REALTORS® serving as the primary legal advisor to the association. When must a SC licensee notify the commission of a felony conviction?And, as a licensee, you have a time deadline for notifying the Commission if you're convicted for one of the potentially disqualifying crimes. You have to report it by certified mail within 10 days.
How many days does a licensee have to notify the Arizona Department of Real Estate of pertinent changes?Arizona Administrative Code (AAC) R4-28-303(D) requires all licensees to notify the ADRE in writing within ten days of any change in the individual's personal information or qualifications.
Can you be a real estate agent with a felony in Arizona?Unfortunately, being convicted of a felony or even a misdemeanor may keep you from becoming a real estate agent in Arizona. Real estate agents are held to high ethical and professional standards. Being so, your criminal record could cause your license application to be denied.
What does the Arizona Department of Real Estate enforce?The commissioner's duty is to administer the state's real estate law through the Arizona Department of Real Estate (ADRE). Divisions within the department enforce licensing, education and compliance with the law. The commissioner has the authority to investigate complaints and suspicions of violations.
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