The Florida Real Estate Commission (FREC) process for obtaining a real estate license is highly structured, and a felony conviction does not automatically result in disqualification. The state acknowledges that past mistakes do not necessarily define a person’s future professional conduct. Applicants with a criminal history must navigate a complex review process that scrutinizes the nature of their offense and their current moral character. Success depends on fulfilling all standard requirements while demonstrating rehabilitation and trustworthiness to the licensing board.
Standard Requirements for Licensure
All candidates for a Florida Sales Associate license must satisfy baseline requirements before their criminal history is reviewed. Applicants must be at least 18 years old and possess a U.S. Social Security number for identification and background check purposes.
A major requirement is completing an approved 63-hour pre-licensing education course, which covers Florida real estate law and practices. Following the course, the applicant must pass the state licensing examination with a score of 75% or higher. These educational and testing steps must be completed by all who seek to enter the profession.
The Legal Standard: Crimes of Moral Turpitude
The FREC evaluates a criminal history based on the applicant’s demonstration of “good moral character.” The primary concern is whether the crime involved “moral turpitude,” a legal standard focusing on conduct contrary to justice, honesty, or good morals. This is particularly relevant in a field built on public trust and financial dealings.
Crimes typically considered to involve moral turpitude include financial offenses such as fraud, embezzlement, forgery, and grand theft. These offenses directly suggest a lack of honesty or fair dealing, which the FREC seeks to protect in real estate transactions. Conversely, older, non-violent offenses, like certain drug possession or minor property crimes, are less likely to lead to an automatic denial, especially if they occurred long ago.
Mandatory Waiting Periods After Conviction
Florida law imposes specific statutory timeframes that an applicant must observe after completing their sentence before being considered for a license. These waiting periods begin upon the applicant’s final release from supervision, including parole, probation, or incarceration. The clock does not start until the individual is entirely free from the criminal justice system’s oversight.
The length of the waiting period is determined by the nature of the offense. Felonies involving moral turpitude often require a 15-year disqualifying period, while a 7-year period may apply to other felonies that do not fall under a permanent bar. These are minimum time requirements and do not guarantee a license, only eligibility for review.
The Required Disclosure and Documentation Process
Full, truthful disclosure of a felony is an absolute necessity during the application process. Applicants must answer all questions regarding criminal history honestly, as failure to disclose a conviction is often a greater cause for denial than the conviction itself. The FREC conducts background checks through fingerprinting, accessing databases from the Florida Department of Law Enforcement and the FBI, meaning any omission will be discovered.
When disclosing a felony, the applicant must provide comprehensive supporting documentation to the Florida Department of Business and Professional Regulation (DBPR). This includes certified court records, police reports, and official sentencing documents detailing the final disposition of the case. Applicants should also gather character references, which are letters from individuals who can attest to their current honesty and trustworthiness.
Mitigating and Aggravating Factors in Review
Once the disclosure and documentation are complete, the FREC reviews the case individually, weighing all factors to determine the applicant’s current moral character. This review involves assessing aggravating factors, which make the applicant a higher risk, and mitigating factors, which demonstrate rehabilitation and reduced risk.
Aggravating factors include a recent conviction, multiple offenses, or a crime directly related to the duties of a real estate professional, such as the misuse of client funds.
Mitigating factors are evidence of rehabilitation and are the most important part of a successful application with a criminal history. Applicants should highlight a significant length of time elapsed since the conviction, especially if it is 10 years or more, and provide proof of successful completion of probation or parole. Strong evidence of rehabilitation includes steady employment history post-conviction, participation in community service, and expressing genuine remorse for the past offense. Submitting letters of recommendation from employers, counselors, or community leaders who can attest to the applicant’s reformed character helps to build a strong case for trustworthiness.
What Happens If Your Application is Denied
If the FREC decides not to issue a license, the applicant will receive an official Notice of Intent to Deny. This notice specifies the grounds for the denial and informs the applicant of their right to appeal the decision. Upon receiving this notice, the applicant has a limited time frame to request an administrative hearing.
The applicant can request a formal administrative hearing before the Florida Division of Administrative Hearings (DOAH), which is presided over by an Administrative Law Judge. During this hearing, the applicant presents evidence, calls witnesses, and argues their case for licensure. Should the administrative process uphold the denial, the applicant may seek judicial review in the Florida court system.