FAQ's for Criminal History Report

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 investigate the application of an individual who has had a felony conviction within the previous ten (10) years or a misdemeanor conviction within the previous five (5) year, and may investigate any other charges or convictions, or any other evidence of dishonesty, untruthfulness, or bad reputation of the applicant.  After investigation, the Commission has two options: 1) order the applicant to appear before the Commission for a hearing to determine whether the applicant meets the standards for licensure under KRS 324.045; or 2) allow the applicant to proceed with licensure.

The Commission may only grant licenses to persons who are trustworthy and competent to transact the business of a broker or sales associate in a manner to safeguard the interest of the public, and only after satisfactory proof of qualifications has been presented to the Commission.  Therefore, if a hearing is ordered, the applicant should be prepared to present evidence to the Commission of his or her qualifications to obtain a license, including evidence of trustworthiness, honesty, truthfulness, and good reputation, and why the Commission should grant the license despite the prior conviction(s) or evidence of dishonesty, untruthfulness, or bad reputation.

When evaluating whether to grant a license, the Commission will consider a variety of factors, including whether the crime for which the applicant was convicted directly relates to the occupation of real estate sales and brokerage.  In making such a determination, the Commission will consider: [NOTE: these factors come directly from KRS 335B.020, which ARC is required to operate consistent with pursuant to 201 KAR 11:210(6)(3)(c)] :

1.     The nature and seriousness of the crime for which the applicant was convicted and the passage of time since its commission;

2.     The relationship of the crime to the purposes of regulating the professions of real estate sales associates and brokers; and

3.     The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a real estate sales associate or broker.

To have the best opportunity of being granted a license, the applicant should be candid with the Commission regarding prior convictions and have documentation supporting that he or she maintains a good reputation in the community and is trustworthy, honest, truthful, 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.‚Äč

 

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.