Can a Felon Be a Real Estate Agent in Ohio?

Can a felon be a real estate agent in Ohio? Can you get a real estate license with a criminal record? There’s no easy answer to these questions. According to Ohio’s Real Estate and Professional Licensing Department, it depends on the following:

• The nature and seriousness of the offense
• Passage of time since the crime was committed and whether the individual completed all terms ordered by the court
• Whether the applicant committed any other offenses
• Relationship of the crime to the ability, capacity, and fitness required to perform the duties and responsibilities of the occupation
• Any evidence of mitigating rehabilitation or treatment completed, including whether a certificate of qualification for employment or achievement of employability has been obtained
• Whether the denial of the license is reasonably necessary to ensure public safety.

Let’s look at the details of getting your license with a criminal record to help you determine if real estate is a career option for you.

Key Takeaways

• A felon can potentially become a real estate agent in Ohio. Still, eligibility depends on various factors, including the nature and seriousness of the offense, the time elapsed since the crime, completion of court-ordered terms, and the relationship of the crime to real estate duties.
• Individuals with a criminal record can apply for a preliminary determination to see if their conviction disqualifies them from obtaining a real estate license before investing time and money into the licensing process.
• Licensed real estate agents in Ohio must self-report any felony or misdemeanor convictions, particularly those involving moral turpitude, to the Superintendent within 15 days. Failure to do so can result in automatic suspension of the license.

Real Estate Licensing Requirements In Ohio

Real estate agents must be at least 18 and have a high school diploma or equivalent. They must also be U.S. citizens or provide proof of being legal aliens. You must not have been convicted of a disqualifying offense as listed in this Ohio legal code. (More on this later.)

The steps to licensing are straightforward.

1. Complete 120 hours of real estate coursework.
2. Find a sponsoring broker.
3. Fill out an application and complete a background check.
4. Pass the Ohio real estate salesperson exam.

The salesperson application has a section titled Ethical Conduct & Legal History. Answering these questions honestly and transparently is essential. The application instructions require explanations for questions marked “yes” in this section.

All applicants must also complete a criminal check of both state and FBI records. Learn more about the background check requirements by reading What You Need to Know About Ohio Real Estate License Background Check Requirements.

What Happens If You Have a Felony or Misdemeanor on Your Record?

If you disclose a criminal conviction on your application, the Division will hold it until the criminal records check is received. Once received, the Superintendent will decide whether to permit the applicant to proceed through the application process or deny the application.

If the application is denied, the applicant can appeal the Superintendent’s decision to the Ohio Real Estate Commission.

What To Do If You Are Worried About Passing the Background Check

Individuals convicted of a criminal offense can apply to the Ohio Division of Real Estate for a preliminary determination on whether the conviction disqualifies the individual from obtaining a professional license. This means you’ll have the opportunity to learn whether you’ll pass the background check before you spend time and money qualifying for the license.

The law requires applicants to file an application with the licensing authority, detail the nature of their criminal conviction, and pay a fee. The licensing authority then has 30 days to review the application and inform the individual whether the criminal conviction disqualifies them from obtaining a license. There is a caveat. The licensing authority is only bound by its decision if you fully disclose the nature of the conviction. Visit the Ohio real estate licensing website to learn about disqualifying offenses.

What To Do If You Receive a Felony Conviction (or Misdemeanor Conviction) as a Licensed Real Estate Agent

Once licensed, you must self-report to the Superintendent any felony or misdemeanor conviction for a crime or moral turpitude. Generally, crimes of moral turpitude include sexually oriented offenses and offenses of violence. They may also include the following:

• Conduct involving an intent to defraud either a person or society
• Convictions involving underlying conduct establishing dishonesty or falsification
• Misdemeanor convictions involving egregious sexual misconduct

The licensee must self-report within 15 days of the conviction. If the licensee fails to self-report, the Superintendent can automatically suspend the license without any preliminary process or hearing. If the licensee self-reports in a timely manner, the Superintendent will determine whether to initiate an enforcement action against the licensee. During the Division’s investigation, the licensee can remain licensed and practice.

Can You Get a Real Estate License with a Felony in Ohio?

There are avenues for individuals to practice chosen occupations, even with a criminal conviction. First, survey your options and take advantage of the processes to determine whether the conviction is disqualifying. Second, once licensed, follow your occupation’s procedures for self-reporting any convictions. Understanding how your licensing authority treats criminal convictions will aid in assuring you are compliant with admission and disclosure requirements.

Are you looking for an affordable real estate school to help you complete your pre-licensing course requirements? Hondros College offers live and online real estate pre-licensing courses in Ohio. We educate nearly 25,000 students yearly, and 9 out of 10 Hondros students would recommend our courses to a friend.

Questions about the licensing process? Contact our student services department today.