Obtaining the FBI Criminal Background Report
KRS 324.045 (4) and 201 KAR 11:430
All candidates applying for a Kentucky Real Estate License are required to complete an FBI Criminal Background Check.
There are no exceptions to this requirement.
Steps to obtain the FBI Background Check report:
- Contact your local state police post, sheriff's department or UPS store to determine if they will fingerprint you for personal review and if they have the fingerprint cards. Cards can be printed from the FBI's website.
- Forward your
gerprint card to the FBI, along with a letter requesting the FBI complete a background check for personal review, and an $18 certified check or money order payable to the Treasury of the United States. (If all items are not correct your request will be returned to you by the FBI.) BE SURE TO obtain proof of mailing from the postal service or other delivery service. (The US Postal Service offers a certificate of mailing for $1.15. You will need a copy of the proof of mailing if you use the optional affidavit process.) It is suggested that you send your information next day air, include a date on the request as to when you need the report back and include a self addressed stamped return envelope.
Federal Bureau of Investigation
Criminal Justice of Information Services Division
SCU MOD D2
1000 Custer Hollow Road
Clarksburg, WV 26306
(304) 625-3878
Frequently Asked Questions
Where can I obtain the necessary FBI forms?
To obtain the fingerprint cards, check with your local law enforcement agency, the Kentucky State Police (check www.kentuckystatepolice.org/post.htm for the nearest location), or call the West Virginia office of the FBI at 304-625-3878. If you contact the FBI, ask for the fingerprint card and for information to obtain an identification record check for personal review.
Who will take my fingerprints?
Most local law enforcement agencies, county sheriff’s departments, and some city and county police departments, or any state police post may be able to take your fingerprints. In Louisville, the Department of Corrections located at the county jail on Sixth Street handles fingerprinting services for the Jefferson County Sheriff’s Department. Some law enforcement agencies may charge a fee for fingerprinting services.
What is the cost and where do I send it?
Send the completed fingerprint card, a short letter (sample attached or available on the website) advising the FBI that the report is desired for personal review, and an $18 certified check or money order, payable to the Treasury of the United States. If all items are not included, the request will be returned to you by the FBI for correction. You should obtain a certificate of mailing from the postal service when mailing the FBI Background request. This service is available at the post office for $1.15 plus the price of postage. (Copies of the certificate of mailing as well as all items should be kept by the applicant.) We suggest that you send the request by some form of next day or second day air service and include on the envelope and the cover letter, a deadline by which you would like to receive the report. Also, include a stamped self-addressed business envelope. Forward to the address listed below:
Federal Bureau of Investigation
Criminal Justice Information Services Division
SCU MOD D2
1000 Custer Hollow Rd.
Clarksburg, WV 26306
304-625-2000 to check the status of your report
The fingerprint process outlined in this document is the only acceptable method for obtaining the FBI report.
May I take the test after I have completed my coursework and submitted my request for the criminal records check?
YES, as long as you have forwarded the fingerprint card and request to the FBI for processing.
What should I do if my report is clear?
The report will be mailed directly to you. The original report(s) must be attached to your application and submitted with the other documents that are required to obtain your license.
Optional Affidavit Process: If the FBI report is not back by the time you are ready to apply for your license, you may use the optional affidavit process (if there have been will be no felonies during your lifetime, any misdemeanors within the last five years, or any pending charges) shown on your report. Please read the information sheet and the affidavit carefully before using this option. The principal broker must sign page two of the affidavit (only for sales associates who wish to have an active license.) This document must be attached to the optional affidavit. All applicants using the optional affidavit must also submit an AOC (state background) report and a copy of the certificate of mailing from the post office showing the date the request was sent to the FBI. If you use this option, you MUST IMMEDIATELY forward the FBI report to the Commission as soon as you receive it from the FBI.
What happens if I have a misdemeanor within the last five years or a felony during my lifetime?
You MAY NOT use the optional affidavit process. Immediately forward the FBI report to the Commission. You will be asked to complete a Privacy Act Waiver and an investigation will be initiated. Following the investigation, the applicant will either be allowed to continue with the education and testing process or directed to appear before the Commission for a hearing. If the FBI report does not show the final disposition of the charges (what you were convicted of, whether it was a felony or misdemeanor, and the penalty), you may want to obtain this information from the court before sending in your application. If we do not have the final disposition, we will have to obtain it before your application can be processed for investigation.
How long does the investigation take?
Approximately 60-90 days depending upon how quickly all of the documents are returned to the Commission and the backlog of cases.
What if my report comes back indicating that the prints are unreadable?
If the prints are unreadable, the applicant should contact the Commission to obtain an affidavit, which must be signed before a notary. The completed affidavit, and FBI report which indicated the prints were unreadable must be attached to the individual’s application and other documents when they are submitted to obtain the license.
Important Notes
Regulation 201 KAR 11:210 (6) requires that all exam candidates apply for their license within 60 days of the examination date. If you delay requesting the background report and take the exam without having first applied to the FBI for the criminal check, your test scores can be invalidated, thus requiring a retest.
Copies of a report that have been done for another entity or organization are not acceptable. The original report will become a part of the licensee’s permanent file and cannot be returned to you.
Persons with any felony convictions or certain misdemeanors (within the last five years) SHOULD NOT enroll in classes and/or pay course fees or tuition or take the examination until the Commission has determined your eligibility for a license. If you continue with classes and take the test, you do so at your own risk.
If you have further questions, contact the Commission office:
Kentucky Real Estate Commission
10200 Linn Station Rd., Suite 201
Louisville, KY 40223
Phone: 502-429-7250 or 1-888-373-3300
Fax: 502-429-7246