Legal Question in Real Estate Law in California
Three year ago I was convicted of felony for grand theft my case was later dropped to misdemeanor and then less than year later it was expunged. A month before my case was expunged I had filed for my real estate license and my case was sent down to downtown la to deputy officer who later transferred it to one of their attorney, I was never denied licensing; I had date set for hearing. Before the hearing the attorney and the former deputy officer who was handling my case had suggested me off record to withdraw my license and apply couple of months later once the expungment had been completed. They told me once it passes two years they will not give you hard time. So i did what they had suggested. I withdrew my license before the hearing. I waited 6 months before re-taking my exam and my case was again set down to LA office and I passed the test in May its October and I still have not heard back from deputy. I called the deputy who is handling my case and she told me that based on my application that she was going to deny my case. I know that a deputy could not denied case in till they have interviewed me and then if they can't do anything it goes to one of their attorneys. Then she told me because of my situation I have to wait 7 years. Now I know she is lying to me and she just once me to withdraw re apply so I could pay more fees to DRE. What can I do? I also called Sacramento and they told me that once its passed four years expungment they do not even send it down to LA office that they just approve it there. I also called the former deputy and he told me the same thing. That�s how i know the deputy who is handling my case now is lying to me. What can I do? Do I have chance of getting DRE license? I have completed changed my life around since the incident.
1 Answer from Attorneys
The facts you state do not show that the deputy is lying to you. Sacramento said after 4 years they do not bother to send the case to LA, but that does not mean there legally is not a 7 year waaiting period. The deputy you ran into may just be very hard nosed and inflexible as to the legal requirements; I do not know what the actual requirements are, but you need to find out. I also doubt that she is attempting to raise revenue as I am sure she feels she is overworked and does not care to create more work for herself or her collegues.
If you have the right to an appeal, especially if she did not follow DRE rules, try to appeal or go over her head. Find out if you must wait a longer period of time or not. I understand your upset, but you have to remember the number of real estate scams that go on and that DRE does not do enough to prevent them, so they should be tough on people who did have a felony conviction.
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