REALTORS & REAL ESTATE AGENTS CHARGED WITH DUI

DUI CHARGES - REALTORS & REAL ESTATE AGENTS

REALTORS CHARGED WITH A MISDEMEANOR OR FELONY

The DRE, or the California Department of Real Estate, regulates Californians with real estate licenses.  Prior to the issuance of a real estate license, the DRE conducts a comprehensive background check on all license applicants, which includes mandatory fingerprinting. An original applicant for a real estate license must submit one set of classifiable fingerprints, acceptable to the State Department of Justice (DOJ) Live Scan. The DOJ then notifies the DRE of past arrests and criminal convictions. After a license is issued to an applicant, the licensee’s fingerprints remain in the DOJ’s database, which allows the DOJ to notify the DRE of a licensee’s subsequent arrest by a State or local law enforcement agency. This in turns results in a notification to you that your license may be affected by the DUI charge.

REALTORS/AGENTS FACING DUI CHARGES

Realtors/Agents facing DUI charges must know that the DRE may deny the issuance of a license to an applicant if he or she has been convicted of a “substantially related” crime. The DRE uses Criteria of Substantial Relationship to determine if a crime is substantially related to the qualifications, functions, and duties of a real estate licensee. As part of the DRE’s background investigation of applicants, the Bureau reviews all applicants’ criminal histories and determines if the applicant has committed any substantially related crime(s) which would serve as a basis for denial of the license. Additionally, pursuant to Section 485 of the Business and Professions Code, the bureau may deny an application for a license without first filing a Statement of Issues. However, when this occurs the applicant has 60 days from the date of the denial to request a hearing to contest the bureau’s denial.