Help Avoid DENIAL of Your License Application
Failure to Disclose Pertinent Information May Result in Denial of Your License Application and/or Delays. License applicants must provide accurate, complete and detailed information regarding:
- Any disciplinary action taken against a business or professional license EVER; and,
- Any criminal convictions* (includes DUIs, misdemeanors, felonies, etc.) EVER; and,
- Any criminal charges pending at the time you submit your application.
Answer truthfully and completely!
Read the questions on the application carefully and answer truthfully and completely. Provide ALL information requested. Failure to disclose disciplinary actions or crimes which occurred in your entire history may be considered an attempt to obtain a license by fraud or misrepresentation and could result in the denial of your license application. Irrespective of any advice that may be received from others, the license applicant alone is responsible for disclosing accurate and complete information.
When in doubt, disclose!
In the event you have one or more offenses to report, please take extra care to disclose all actions and convictions regardless of how long ago they occurred, or whether or not a conviction has been expunged under Penal Code Section 1203.4, or a similar statute. The failure to disclose charges/convictions will result in substantial delays in the processing of your application and may result in denial of the license application.
The DRE will find out, BEFORE and AFTER!
Prior to license issuance, the DRE completes detailed background checks on all license applicants. This includes the receipt and review of fingerprint reports from the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). The DRE also receives reports on criminal violations committed after license issuance, which may result in disciplinary action being taken against the real estate license.
- Definition of "Conviction": Conviction includes a verdict of guilty by a judge, a plea of nolo contendre, or a forfeiture of bail in municipal, superior or federal court. All convictions must be disclosed whether or not the conviction against you was dismissed or expunged or if you have been pardoned. Convictions while you were a minor must be disclosed unless the record has been sealed under Section 1203.45 of the California Penal Code or Section 781 of the California Welfare and Institutions Code.
Reconsideration and Judicial Review of License Denial
If a licensee or applicant (a "Respondent") is dissatisfied with the decision issued by the Real Estate Commissioner ("Commissioner") in a license application or discipline case, the Respondent may request "reconsideration" by the Commissioner under the conditions described in Government Code Section 11521 within the Administrative Procedure Act ("APA"). Even if the reconsideration is not requested or granted, the Respondent may also request "judicial review" by a court under the conditions described in Government Code Section 11523 within the APA. Respondent may wish to consider consulting Respondent's own retained attorney to avoid violating timelines and procedural requirements attending reconsideration and judicial review.