A firm client who had a felony conviction for possession of narcotics for sale and nine undisclosed misdemeanor convictions was granted a restricted real estate salesperson’s license in a negotiated settlement. A restricted license enables a salesperson to perform all the functions of any real estate salesperson, with the condition that a new law violation could lead to license revocation. The restriction will come off the license after two years.
Working with the client, we developed a mitigation and rehabilitation case that met most of the Bureau’s factors for finding an applicant rehabilitated and therefore qualified for a license. Despite the fact that the client had been in prison, we persuaded the Bureau to see beyond the criminal history to see the fine individual that the applicant had become. We also explained the undisclosed convictions to the satisfaction of the Commissioner.
Even a serious felony conviction which has resulted in prison time is not a bar to licensure by the Bureau of Real Estate if the Commissioner can be persuaded that issuing the license is consistent with the BRE’s protection of the public.