Saturday, March 9, 2019

Real Estate License With A Criminal Record

Can you earn a real estate license with a criminal record

Applicants for a real estate license in California must meet the California Department of Real Estate (CalDRE) standards for eligibility. DOJ and FBI criminal background checks are performed on all applicants to ensure that the applicant can function as a real estate broker or sales agent.

A further investigation into CalDRE's criminal screening process is warranted to identify the illegal behavior that results in the application being denied and what conduct does not cause ineligibility for a real estate license.

Crimes That Bar Licensure In Real Estate

The disclosure of all prior convictions and pending criminal charges is required for all real estate license applicants.
Convictions include:
  • a guilty verdict by judge or jury;
  • a guilty plea;
  • a nolo contendere (no contest) plea, and
  • bail forfeiture within any court system (state, commonwealth, possession, or country).
To ensure that every applicant does not have a criminal record that conflicts with the duties of a licensed real estate professional, the CalDRE conducts a detailed background check against DOJ and FBI records via Live Scan Fingerprinting. [Cal Bus & Prof Code §10177(b)]

Crimes that bar licensure in real estate

The CalDRE lists the following convictions that commonly result in the application being denied:

  • assault with intent to commit rape;
  • bribing a public officer or employee;
  • burglary;
  • criminal conspiracy;
  • embezzlement;
  • extortion;
  • filing false police or fire reports;
  • forgery;
  • fraud;
  • grand and petty theft;
  • murder;
  • obtaining money by false pretense;
  • perjury;
  • sexually-related conduct affecting a non-consenting observer or participant;
  • possession of drugs for sale or transport;
  • soliciting a lewd act from a minor or non-consenting adult, and
  • tax evasion.

CalDRE's Review of Criminal Background and "Substantial Relationship"

Each conviction is carefully considered by the CalDRE before the decision is made to approve or deny the application.

A broad recommendation to deny an applicant occurs when the applicant:
  • has a felony or misdemeanor conviction substantially related to one's performance as a licensed real estate professional;
  • had a business/professional license against which a state or federal government agency took administrative action or
  • failed to disclose any criminal charges or disciplinary action against them.
Denial of an application based on a criminal record requires that the convictions or actions are substantially related to the fitness to practice as a real estate professional [Cal Bus & Prof Code §480].

A substantial relationship exists when criminal activity includes:
  • fraudulently taking or appropriating another person's funds or property;
  • counterfeiting, forging, or altering an instrument or making a false statement;
  • willfully attempting to gain financial benefit through nonpayment of government taxes, assessments, or levies;
  • bribery, fraud, deceit, or misrepresentation;
  • sexual conduct affecting a non-consenting observer or participant;
  • willfully violating or failing to comply with laws controlling professional real estate licenses;
  • willfully engaging in business activity without obtaining a license or permit required to carry out the activity;
  • committing an unlawful act for financial or economic benefit or with the intent of harming another person or property;
  • willfully failing to comply with a court order;
  • conduct that demonstrates a repeated disregard for the law or
  • two or more convictions involving alcohol consumption or drug use when at least one of the convictions involves driving under the influence. [CalDRE Regulations §2910]
In summary, the screening process is to identify criminal activity demonstrating dishonest and unethical behavior that conflicts with the typical duties of a real estate agent or broker.

Rehabilitation efforts and the severity of each crime are considered by the CalDRE, such as:
  • payment of restitution to the injured party;
  • expungement of convictions;
  • expungement of sex offender registration;
  • enrollment in or the completion of an economic self-improve course(s); 
  • the discharge of debts; and,
  • if two years have passed since the most recent criminal conviction. [CalDRE Regs §2911]
A pending charge or arrest cannot be the basis for the denial of an application. [Cal Bus & Prof Code §10177(b)]

my criminal record may prevent me from getting a job. what are my options?

Is There Anything I Can Do? I Have Changed.

Yes, there is something you can do. You can file for relief, commonly referred to as having your record expunged. If you have completed your sentence and stayed out of trouble, you may be a candidate for "expungement."

What Crimes Cannot Be Expunged?

While the majority of crimes can be expunged, there are a few that are not subject to relief from PC 1203.4.
  • PC286(c) - Sodomy through means of force, violence, or fear.
  • PC287(c) or of former section PC288a - Oral copulation with a minor under 14 years of age
  • PC288 - Lewd acts with a minor under 14 years of age
  • PC288.5 - Sexual abuse of a minor with whom you have recurring access
  • PC289(j) - Sexual penetration of a minor under 14 years of age and 10 years younger
  • PC311.1, PC311.2, PC311.3 - Child pornography
  • PC311.11 - Child pornography
  • Any misdemeanor falling within the provisions of VC42002.1 - Failure to stop and submit to inspection
  • Any felony conviction pursuant to subdivision (d) of Section 261.5 - Statutory Rape
  • Violations for which a defendant has served time in prison, excluding County-Prison eligible violations under the 2011 Realignment Act

A real estate application/license shall not be denied solely on:

  • a felony conviction for which a certificate of rehabilitation was issued;
  • a conviction that has been dismissed under Cal Pen Codes §1203.4, §1203.4a, or §1203.41
  • a misdemeanor upon completion of the criteria of rehabilitation developed by the board.

So, if you have taken any of the above steps since your conviction, you may have a chance at having your application approved even with your criminal history.  CalDRE RE Form 222: Applicant Eligibility Information

You may qualify! Get your criminal record expunged.

Will Delinquent Tax and Child Support Payments Result in a Denial?

The rejection of an applicant is required if the applicant:
  • has outstanding tax obligations to the Franchise Tax Board (FTB) or State Board of Equalization, over $100,000; or
  • failed to comply with court-ordered child support payments.

Exceptions to Being Denied Based on Delinquency

If the applicant meets all other qualifications, except for being current with child support payments, the CalDRE may issue a valid license for 150 days. This allows the applicant to pay any back child support payments. To avoid license revocation, clearance from the Department of Child Support Services must be received by the CalDRE within 150 days. The applicant's cost for processing the temporary license is $95. [CalDRE Regs §2716.5]

If the applicant is denied only due to outstanding tax obligations, the CalDRE may issue a license valid for 90 days, within which the debt is to be satisfied. The CalDRE must receive confirmation from the FTB or BOE that the applicant is paid in full, or the license will be revoked.

Applicants are not entitled to a refund of application fees. [Cal Bus & Prof Code §494.5(g)(3)]

Even though delinquent tax or child support payments are not considered by the CalDRE to indicative of being unfit for licensure, these delinquencies cause an automatic block to application approval.

Noncitizenship and Undocumented Immigration

Since January 1, 2016, citizenship or immigration status is no longer used by the CalDRE as a basis to deny an application.

Additional Reading:

The complete regulations of the California Real Estate Commissioner [CalDRE Regs]

Thursday, March 7, 2019

Illegal Aliens Commit More Crimes In Proportion to Legal Residents and Citizens

3% of the Population Commits 11% of the Crimes - Illegals Commit More Crimes In Proportion to Legal Residents and Citizens

The proportion of illegals sentenced in federal courts is 3.5 times more than the percentage of illegals living in the United States.

It seems that there is some confusion about this fact among those advocating for the rights of immigrants.

Immigrant rights advocates blasted the amendment as a thinly veiled attempt by Republicans to legitimize the Trump administration's continuous claims that undocumented immigrants are violent criminals. Multiple studies have shown that despite the Trump administration's protestations, immigrants commit crimes at lower rates than their United States-born counterparts. -Massoud Hayoun There's An Anti-Immigrant Amendment Tucked Into Dems Gun Control Bill

How Many Illegals Live In The United States of America?

illegal immigration must stop
In 2016, 10.7 million illegal aliens were living in the U.S. representing 3.3% of the total U.S. population. The number of illegals living in the U.S. has been declining, but for this critique, it favors my opponents to overestimate this number. So in the interest of fairness, I will risk slight error.

The Federal Sentencing Statistics compiled by the United States Sentencing Commission provide the truth about the disproportionate number of illegals sentenced in a federal court.

The Number of Sentences Issued By Federal Judges To Illegal Immigrants

During the fiscal year of 2017, the total number of federal sentences, excluding immigration crimes, was 45,954. U.S. Citizens were sentenced 37,478 (81.56%) times, and illegals were convicted 5,361 (11.67%) times. The data is shown in the table below.

Illegals are sentenced 3.5 times more than their proportion of the population


Yes, it is evident that those making up a small number of a population would be sentenced less than the majority. However, when you examine the data, in proportion to the number of people living in the U.S. illegals commit a much higher number of crimes. If the number of illegals sentenced was proportionately equal to or less than the amount living in the U.S., 1,516 (3.3%) not 5,361 (11.67%) of the 45,954 total sentences would be issued to illegals.

Proportionately, illegals are sentenced 3.5 times more than citizens.

There is no need for any studies on this topic as the data is collected every year as mandated by the Sentencing Reform Act provisions of the Comprehensive Crime Control Act of 1984.