Whether you are a real estate broker or are simply considering applying for a real estate license, and have had a criminal conviction that was expunged from your record, you likely have a lot of questions about the impact this could have on your career.
The good news is that by and large, brokers or applicants who have had convictions expunged have a stronger chance of obtaining and preserving a real estate license than those who do not. Below we’ll tell you how the process works, what steps you need to take, and when working with a license defense lawyer could be to your benefit.
After an Expungement: Steps to Take
In addition to the expungement, you must be able to provide proof that you have changed your behavior. Strong proof in the form of the expungement itself or a Certificate of Rehabilitation is often enough. By providing this documentation, you show the California Bureau of Real Estate (CalBRE) that you have taken steps to correct your behavior and further yourself as a person and a professional.
Tips for Applicants with Expungements
As of January 2015, Business and Professions Code 480 was amended to the benefit of real estate brokers. The amendment states that CalBRE may not deny a real estate license for the sole reason of an expunged conviction.
Despite the change, you must still disclose the felony or misdemeanor conviction when completing your license application. Once you’ve completed the application, attach a copy of the expungement order from the judge. Taking this simple step will prevent CalBRE from denying your license solely on the grounds of your conviction.
As of July 2020, the law will be changing again. In short, the law will further prohibit the CalBRE from using the underlying arrest records related to an expunged conviction for any purposes in denying you a license; and, the CaBRE will not be able to deny based upon a conviction that is more than seven years old
When to Seek Legal Help
If you need help having a conviction expunged from your record, it is in your best interest to work with a qualified license defense lawyer with experience in this area. In addition, a lawyer can help if you have been denied your license after a conviction was expunged. Scott J. Harris has successfully handled many expungement-related cases for real estate professionals and helped them get back on their feet after a conviction. We are here to help you, too.
To learn more about your legal rights, contact us for a free consultation at 323-794-0701.
