Real estate agent: Can you get a licence with a criminal record?

A criminal record could prevent you from being licensed as a real estate agent.

To become a real estate agent in Canada, you must disclose a criminal record when you submit your application to be licensed. You will also need to a complete a criminal record check. If you fail to disclose a criminal record, your licence could be revoked down the road.

If you have a record, the type of criminal record check required is a certified check requiring fingerprints and a search of the national database of criminal records, which is called CPIC. A certified record can take up to four months to obtain.

real estate agent talking to clientOnce you disclose your record and obtain your certified record, the regulatory body for your province will make a determination on your suitability to become a real estate agent. Primarily, they will try to determine whether your record is related to the work you will be doing as an agent. You may be asked to provide a written statement explaining the offence.

Fraud might be a concern, as could any violent offences. A DUI charge could also be a concern given that you will often need to drive clients in your vehicle. They may look for evidence of rehabilitation. How long ago the offence occurred may also be a consideration.

Depending on your province, the decision could be made by the executive director of the licensing body or by a committee. If the regulatory body decides to approve the application, they could also impose restrictions or conditions.

Record checks are required from first-time applicants, relicensing or reinstatement applicants. If you already have a licence and you are charged with a crime, you must notify your licensing organization within a few days.

Increase your chances of becoming a real estate agent

key in palmDespite the fact that you can become a real estate agent with some types of criminal records, you may want to clear your record for a variety of reasons:

  • Applying with a record can delay your application
  • The decision to grant a licence is discretionary; there are no guarantees
  • If you are denied, you will lose all the time and money you spent on your training and exams

Getting a Record Suspension

If you get a Record Suspension, you may still be required to disclose it. However, under the law, the regulatory body cannot take it into consideration when deciding your application.

You can apply for a Record Suspension if it has been five years since your sentence was completed in case of a summary conviction and ten years in the case of an indictable conviction.

Becoming a real estate agent is a big investment in your future. Don’t let a criminal record stand between you and your success. Contact us today for a free consultation at 1-866-972-7366.

Are you qualified?

Download our checklist to find out if you are qualified to apply for a Record Suspension. By completing this form, you will be subscribed to receive our newsletter and updates from AllCleared. You can unsubscribe at any time.

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