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Do I have to disclose arrest records on my CALBRE real estate salesperson or broker’s application?

Jan 7th, 2016 | By | Category: Real Estate Broker Law

How to obtain a real estate license in California with prior criminal convictions.

DBO and BRE licensing tips

Introduction

One question that pops up from time to time in our busy real estate practice is whether or not an “ARREST RECORD” (not an actual conviction) needs to be disclosed on CalBRE real estate license applications.  This is general legal information only and not legal advice and the answer below may not be accurate as BRE rules, regulations and forms can be subject to change and interpretation.

To get a background on general real estate licensing issues, go to our broker counsel page.

Sample licensing application – prior convictions

When you pass your salesperson or broker’s test in California, you will be sent a application form (RE 200 for Broker’s and RE 202 for Salespersons).  Here is what the criminal background information portion may look like.

BRE license lawyer California

 

Procuring a real estate license by fraud or misrepresentation – BE CAREFUL WHAT YOU SUBMIT!

Here is a sample of the items that will need to be disclosed once you pass your real estate sales or broker’s examination. As you can see, they do not per se ask for “arrests” to be disclosed.  Again, this may not be the current form so make sure you look at the forms closely before you fill them out or submit.  If you fail to disclose necessary items, the Bureau of Real Estate may find that you have committed acts of:

  1.  Procuring your real estate license by fraud
  2.  Making material misrepresentations

Either of these is not good for the prospective licensee.

Will the BRE review my arrest record and try to use this against me to deny my real estate license?

 

Criminal convictions real estate license

Here is a sample response to a BRE FAQ regarding disclosing arrest records.  As you can see, an arrest will be something that is most likely flagged by the California Department of Justice (“DOJ”) but this should not be used against you UNLESS and UNTIL you are convicted.  This is not the same as saying that the arrest may not raise some eyebrows, and taken in conjunction with another crime that the applicant HAS BEEN CONVICTED OF, this could trigger closer scrutiny and could result in denial of the license application, at which case the applicant may request a formal hearing in front of the OAH.

Is it legal to deny a real estate sales or broker’s license due to a prior criminal arrest?

Here is another clip from a CalBRE FAQ page regarding licensing tips.

Tips to avoid real estate license denials

 

Will the BRE learn about my prior arrest records – if so, how does this happen.

As this FAQ response notes, the DOJ will usually flag your arrest records.  But as noted above, they may not be asking you to disclose this on your application forms.

Cal real estate license lawyers

Contact us to discuss our strategy to help you obtain your CA real estate broker or salesperson license!

We offer low flat rate fees and we have a strong track record of leadership in the area of BRE licensing, compliance, investigations, and accusations.  A simple google search for “Vondran BRE lawyer” will highlight our passion and dedication to this area of law.  We fight for our clients and have helped many real brokers, mortgage lenders, property managers, loan modification companies and others in a wide variety of business and real estate law matters.  When you are looking for a real estate law firm to represent you, check out the profile for Steve Vondran, Attorney.  He is the attorney who will handle your case in most cases and he is licensed as a broker and attorney in both CA and AZ.  We represent clients throughout these two states whether it is the DBO, or BRE.  Call us at (877) 276-5084 to discuss your case and our services.  Or, you can fill out the contact form below to have one of real estate lawyers or staff members call you back, normally within the hour.  We look forward to working with you.

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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