Applicants who have not received their FBI report and want to proceed with applying for their license may use the optional affidavit process as long as they:
- Are applying for an active license; Applicants applying for an escrow license cannot use the optional affidavit process;
- Have no felony convictions in their lifetime;
- Have no misdemeanor convictions in the last five (5) years.
To use this process, the applicant must submit the following items with their application:
- Proof of mailing of the FBI background request. A certificate of mailing is available from the U.S. Postal Service for $1.15, plus the price of postage. You will also receive a receipt from UPS or FedEx, if you utilize their services.
- A completed Optional Affidavit form.
- An AOC report for Kentucky Residents or a state background check from the state of residency of the applicant.
- If applying for a sales license, the Principal Broker Authorization form is also required.
Applicants must forward the original FBI report to the Commission office as soon as they receive it from the FBI (copies are not accepted). Failure to remit the report to the Commission within 180 days of licensure may result in disciplinary action.
· The affidavit process does not replace the need for the FBI report. Please review all the information and steps outlined above.
· Do not delay in requesting your FBI report. The FBI report is always required. It must be requested prior to taking the exam. The FBI background check process can take up to sixteen (16) weeks. If you fail to request your FBI report prior to taking the exam, your entire application including your test scores will be invalid.
· Individuals who have a felony conviction during their lifetime, a misdemeanor within the last five years or pending charges cannot use the optional affidavit process. Falsification of the affidavit will result in the immediate suspension of the individual's license. The Commission will investigate this matter. The principal broker will be asked to return the license and the candidate will be required to cease all real estate activity immediately.
· The FBI report must be sent to the Commission immediately after it is received. The licensee should retain a copy for their records. Send the original to the Commission with a note that you obtained your license through the optional affidavit process and are returning the report to complete your file.
· Failure to remit the report to the Commission within 180 days of licensure may result in disciplinary action.
· It is the sole responsibility of the licensee to contact the FBI to inquire about the status of their report and to notify the Commission of any delay and the reason for the delay.