All candidates must request the FBI report BEFORE sitting for the examination or applying for a license through license recognition, using the process outlined on the attached information sheet, “Obtaining the FBI Criminal Background Report”.
The Commission has now approved the use of an OPTIONAL signed affidavit process. This affidavit, if signed, will certify that the candidate has not had any felonies during his or her lifetime, any misdemeanors within the past five years and that there are no pending charges. This process will allow a candidate to apply for his/her license (without the background report), provided the candidate agrees to mail the background report to the KREC within five days of its receipt from the FBI. The affidavit may not be used by a new candidate who will be placing the license into escrow. The Principal Broker authorization is only required for new sales associates who will have an active license.
If an applicant chooses to use this optional affidavit, he/she must also submit a copy of the certificate of mailing from the post office showing when the FBI Background Check Request was sent to the FBI. This service is available at the post office for $1.15 in addition to the price of postage.
Applicants using the optional affidavit must also submit an AOC (state) report. This report takes approximately 2-5 business days to obtain and is only valid for licensing purposes for 60 days from the date issued. To obtain the AOC report you can use the AOC FastCheck process listed below.
- Go to the Administrative Office of the Courts website http://courts.ky.gov. Then click on Obtain a Criminal Background Report located under Helpful Links. Then click on AOC FastCheck, register and submit your record request. The AOC FastCheck process is $15.00. They accept most debit cards and American Express, Discover, MasterCard and Visa credit cards for payment.
- You can contact the Administrative Office of the Courst at (502) 573-1682 or (800) 928-6381 for additional information on the AOC report and the FastCheck process.
If you do not live in Kentucky, you need to obtain a similar report from your state of residence. This might be available through your state police or through an agency similar to the AOC office in Kentucky. The state report and the completed affidavit may then be submitted to the Commission along with the license application and other required documents and fees.
If this optional affidavit process is used, you must obtain the signature of the principal broker, on page two of the optional affidavit. This document must be attached to your affidavit.
Important Notes
- Individuals who have a felony during their lifetime, a misdemeanor within the last five years, or pending charges on their FBI reports MAY NOT use the affidavit process. They must wait for the FBI report before proceeding with their application. Upon receipt of the report, the individual should immediately send the report to the Commission’s Legal Department so that the investigation process can be initiated.
- Falsification of the affidavit will result in the immediate suspension of the individual’s license. The Commission will investigate the case. The broker will be asked to return the license and the candidate must cease all real estate activities.
- Failure to submit the FBI report to the Commission within 180 days of the issuance of the license will result in immediate disciplinary action against the licensee. If the report has not been received by the candidate within the 180 day period, the individual must notify the Commission in writing.
- If a candidate is licensed by submitting the affidavit, but it is later discovered that the FBI report was not requested before the candidate took the examination, the candidate may also face disciplinary action.