Legal Question in Real Estate Law in California

Re: Applying for real estate license

I agree with both my colleagues.

You may find you are rejected, because of the recency of the charges. Whatever you do, do not lie, as they will have no trouble picking up the information at DRE.

Also, on future job interviews, tell the truth. Expunging, as Mr. Whipple points out, does not hide the record from every potential job interviewer.

Good luck!

Re: Applying for real estate license

If you are applying for any state license, and they ask you if you were convicted, you need to state, yes, and the guilty plea was later vacated and dismissed.

Some courts have a handout on this. The California Court's website contains the following information: On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you MUST respond with "YES-CONVICTION DISMISSED." In California, government employers and licensing agencies (except for police agencies and concessionaire licensing boards), will treat you the same as if you had never been convicted of any crime.

Good luck.

Very truly yours,

Re: Applying for real estate license

Mr. Roach may be right, but if your "expungement" was under Penal Code section 1203.4, then you must read Business and Professions Code section 10177, especially subsection (b), which gives the DRE the right to suspend, cancel or deny licenses notwithstanding so-called expungement under PC 1203.4.

Keep in mind that expungement doesn't mean your record of conviction disappears, even though to "expunge" might be thought of as meaning "physically delete." Anyone with access to CJS computers can still locate your record; nothing is removed, they simply add a few lines to show that you applied for and received whatever it is that Penal Code 1203.4 seems to promise.