My husband has a 19 year old felony for drug possesion and would like to know if he can get a real estate licence in Texas.

Asked over 2 years ago - Houston, TX

Has no other felonies or missdeamenors

Attorney answers (5)

  1. Shannon Willis Locke

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Unfortunately, there are no easy answers to this question. Texas Real Estate licenses are governed by the Texas Real Estate Commission. When your husband applies for a license he will have to undergo a background check. He will also be asked to disclose whether or not he has been involved in a criminal case (and if he denies it the background check will reveal it). There are no black and white answers for who cannot and cannot become a real estate agent. However, the test is whether or not the criminal conviction is related to the duties of a real estate agent. I would argue that a 19 year old felony conviction (you didn't say how it was resolved but I am assuming it was a conviction or a successful deferred adjudication) does not relate to a real estate license. At the end of the day the Commission will make a decision based on his individualized circumstances and his personal characteristics. This is impossible to predict (but certainly worth a shot). Good luck and I hope this helps.

  2. Scott Douglas Marquardt

    Contributor Level 14

    Answered . Unfortunately, Texas does not have any remedy for post conviction expungement or sealing of the record unless the possession was charges as a minor. Mr. Lock is correct that the TREC will look at whether the felony impacts the ability to effectively represent clients (which it does not). For further guidance look at the TREC's website at www.trec.texas.gov. Good luck.

  3. Carmine John Giardino

    Contributor Level 14

    Answered . Please provide more information so that you can get an informed opinion. Was the case dismissed outright? Was the case dismissed after a pretrial diversion program was completed? Did your husband get deferred adjudication probation with no court ordered community supervision? Was the case dismissed after deferred adjudication probation was completed? Did your husband get straight probation? Did your husband get probation and then it was revoked? Did your husband do time for this offense? What state did this charge originate in? These questions need to be answered in order for an attorney to be able to intelligently advise your husband whether or not he can get his record cleared. If your husband can clear his record, then the felony charge shouldn't be much of an issue anymore. If your husband cannot clear his record, then whether he can get a real estate license is more of a question for a real estate attorney to answer. www.giardinolawfirm.com

  4. Dustan Orlando Neyland

    Pro

    Contributor Level 11

    Answered . A felony conviction will not automatically bar a person from being licensed
    as a real estate agent in Texas. However, it is at the discretion of the
    Texas Real Estate Commission to approve the person. It must be disclosed on
    the licensing application, or it will be considered a false statement and
    the person will be denied.



    Dustan Neyland

    Attorney at Law

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    900 Rockmead, Suite 132

    Kingwood, TX 77339



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    dneyland@neylandlegal.com



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  5. Christine C McCall

    Pro

    Contributor Level 20

    Answered . First step: check with an experienced criminal defense attorney to see if he is eligible for any post-conviction records-cleaning remedies. Typically, even convictions that have been addressed by such remedies must be disclosed on an application for state license, but the utilization of the statutory remedy is viewed as evidence of a changed life and attitude.

    Second step: what kind of affirmative good record of rehabilitation can be demonstrated? State boards and commissions credit things like charitable activities, community involvement and leadership, strong family ties and relationships, etc.

    Third step: file the application. Consider engaging the services of a skilled professional licensing attorney. They can be very advantageous in crafting an effective disclosure statement --often for no more than a few hundred dollars. Expect that the app will initially be denied, then utilize the administrative appeal process where the individual facts and circumstances will get serious and particularized consideration. Again, a skilled licensing attorney can make the difference in the outcome of the appeals process.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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