Will I be denied a real estate license for a post conviction of assault?
Full Question:
Answer:
The filing of an application authorizes an investigation of the applicant's background. Information revealed in an investigation may be cause for disapproval of an application even though other requirements for a license are met. If an investigation is necessary, it may not be conducted until the applicant has passed the examination. In Texas, in order to be eligibile for a real estate license, a person needs to satisfy the commission as to the applicant's honesty, trustworthiness, and integrity. I will be a matter of subjective determination for the commission to accept the application, based on all the facts and personal history involved. I suggest exploring the possibility of submitting written references along with the application.
Please see the following Texas statutes:
§ 1101.3521 OCCUP. CODE. Criminal History Record Information Requirement
for License
(a) The commission shall require that an applicant for a license or
renewal of an unexpired license submit a complete and legible set of
fingerprints, on a form prescribed by the commission, to the commission
or to the Department of Public Safety for the purpose of obtaining
criminal history record information from the Department of Public Safety
and the Federal Bureau of Investigation.
(b) The commission shall refuse to issue a license to or renew the
license of a person who does not comply with the requirement of
Subsection (a).
(c) The commission shall conduct a criminal history check of each
applicant for a license or renewal of a license using information:
(1) provided by the individual under this section; and
(2) made available to the commission by the Department of Public
Safety, the Federal Bureau of Investigation, and any other criminal
justice agency under Chapter 411, Government Code.
(d) The commission may:
(1) enter into an agreement with the Department of Public Safety to
administer a criminal history check required under this section; and
(2) authorize the Department of Public Safety to collect from each
applicant the costs incurred by the department in conducting the criminal
history check.
§ 1101.353 OCCUP. CODE. Moral Character Determination
(a) If before applying for a license under this chapter a person
requests that the commission determine whether the person's moral
character complies with the commission's moral character requirements for
licensing under this chapter and pays the fee prescribed by
Section 1101.152, the commission shall make its determination of the person's
moral character.
(b) Not later than the 30th day after the date the commission makes its
determination, the commission shall notify the person of the
determination.
(c) If a person applies for a license after receiving notice of a
determination, the commission may conduct a supplemental moral character
determination of the person. The supplemental determination may cover
only the period after the date the person requests a moral character
determination under this section.
(d) The commission may issue a provisional moral character
determination. The commission by rule shall adopt reasonable terms for
issuing a provisional moral character determination.
§ 1101.354 OCCUP. CODE. General Eligibility Requirements
To be eligible to receive a license under this chapter, a person must:
(1) at the time of application:
(A) be at least 18 years of age;
(B) be a citizen of the United States or a lawfully admitted alien; and
(C) be a resident of this state;
(2) satisfy the commission as to the applicant's honesty,
trustworthiness, and integrity;
(3) demonstrate competence based on an examination under Subchapter I;
(4) complete the required courses of study, including any required core
real estate courses prescribed under this chapter; and
(5) complete at least:
(A) three classroom hours of course work on federal, state, and local
laws governing housing discrimination, housing credit discrimination, and
community reinvestment; or
(B) three semester hours of course work on constitutional law.