i just passed my real estate state exam in new jersey and i want to know if i can still get my real estate license approved evin thogh i have 1 conviction of a misdominer for posetion of cds with the intent to distribute i am 22 years old now i got convicted for that charge wen i was 20 years old back in 2009 i did no jail time for this charge nor did any probation but got sentence to pay a fine...im really trying to change my life around and have a carrier in place to take care of my wife and son do you think the new jersey real estate commition will approve me ? and what charges of convictions are not allowed for real estate licence approval ?
Criminal Defense Attorney
Maybe. If an applicant has ever been convicted of a crime, or is currently on parole or probation their application for a real estate license may be denied. See N.J.S.A. 45:15-9, 45:15¬12.1 and 2A:168A-1 et seq. You indicate that you were convicted of a misdemeanor possession of CDS with the intent to distribute. That charge does dot exist in NJ. NJ only recognizes disorderly persons possession, felony possession and felony possession with the intent to distribute. Possession only is expugnable. PWI is never expugnable unless the substance and quantity was marijuana under 25 grams. You must fully disclose the conviction on the application. If you don’t and they will see, you will likely get denied for lying. However according to the above it appears that they may look at convictions on a case by case basis.
Legal disclaimer: This answer does not create an attorney-client relationship and is based only on the limited information provided in the question.
Administrative Law Lawyer
You need two kinds of legal service: you need to seek an expungement of your conviction and a criminal defense attorney can help you accomplish that. Then, you need an attorney who practices professional and occupational licensing law, a part of the legal field of administrative law. You are fortunate that N.J. is one of the few states with a truly meaningful expungement process. If you can get your conviction expunged, you are very likely to have no significant problem with your license eligibility.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.