Legal Question in Real Estate Law in California

I would like to apply for my RE license, and have a few issues regarding my history that have held me back. I have already taken the required courses. There is no doubt in my mind I would pass the exam; real estate has always been the most interesting career I've sought. I have had to change my life and dig myself out a bad situation.

In the first 4 months of 2005 I had a string of arrests in both Chico and Santa Clara. I was taking drugs and committed theft-related crimes during that time. I had the Chico arrests expunged under section 1203.4. The Santa Clara misdemeanors are still present on my background.

The charges that are not expunged are misdemeanors, and are either theft or drug related. I would like to mention that after I committed those I have dealt with the issues I had at the time and am living a completely different lifestyle!

I have so much integrity that anyone who I know would be completely shocked to learn that I have ever had these problems. Will the misdemeanors hold me back from getting granted a license? How necessary is it that I get those expunged?


Asked on 7/31/12, 11:20 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

ANY state licensing, like RE, will be affected and questionable with convictions on your record. You know about expungement already, Even if expunged, your record is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense.

HOWEVER, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [RE, medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 8/01/12, 10:48 am
Anthony Roach Law Office of Anthony A. Roach

You can get them expunged, but when applying for a license with the DRE, you have submit fingerprints and copies of those records will be provided to the DRE from the DOJ.

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Answered on 8/01/12, 1:30 pm


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