Q: Do I have to request my FBI report before I take the exam?
A: Yes. 201 KAR 11:430 requires you to request the report prior to taking the exam.
Q: Do I have to wait for my FBI report to take the exam?
A: No. If you have sent your request to the FBI and have completed your courses, you may take the exam.
Q: How soon should I request my FBI report?
A: KREC suggests requesting the FBI report as soon as you enroll in class or shortly thereafter. It will be imperative that you pay close attention to time frames and deadlines to ensure you are in compliance.
Q: How long is my FBI report valid?
A: FBI reports expire 90 days from the date they are issued. Since exam results expire sixty (60) days from the date of the exam, it is imperative that you pay close attention to time frames and deadlines to ensure your exam results and FBI report are valid at the time you submit your application.
Q: I have a criminal background and I'm considering taking a real estate course, but I don't want to pay for the course if I won't be granted licensure because of my criminal history. Can I get a determination on my criminal history before I enroll in a course?
A: No. Any preliminary review of a non-applicant would not be binding on the Commission.
Q: Can an individual who has a criminal conviction obtain a real estate license?
A: Having criminal conviction(s) does not result in an automatic denial of licensure. The Kentucky Real Estate Commission reviews applications on a case-by-case basis. The Commission is required to more closely scrutinize the application of an individual who has ever had a felony conviction or has had a misdemeanor conviction within the past five years. After the review, the Commission has two options: 1) order the applicant to a hearing to determine whether the license should be granted; or 2) allow the applicant to proceed with licensure.
If a hearing is ordered, under 201 KAR 11:430, Section 2(4), the matters the applicant will be expected to address are:
- The nature of the crime;
- Whether the crime indicates the applicant's untrustworthiness or incompetence in a manner that threatens the public interest;
- Any evidence of honesty, truthfulness, and good reputation of the applicant;
- Evidence of rehabilitation by the applicant since the crime;
- Whether the applicant has received written confirmation from a principal broker willing to accept the applicant as an associate upon licensure;
- Whether the applicant is currently under probation, parole, or other state supervision or reporting requirements as a condition of any criminal sentence; and
- Other information relevant to the applicant's fitness to broker real estate.
To have the best opportunity of being granted a license, the applicant should be prepared to fully address each of the factors above and have documentation supporting that he or she is trustworthy and competent to transact the business of a broker or sales associate in a manner to safeguard the interest of the public, as required by KRS 324.045(1).
Q: Will one DUI prevent me from getting a license?
A: Like any other misdemeanor conviction within the previous five years, a DUI is subject to further investigation by the Commission. However, one DUI conviction generally will not prevent an individual from obtaining a license.