A number of real estate students have expressed concern that they cannot have a real estate license if they have had a misdemeanor or felony conviction. Ultimately, it is up to the Department of State (DOS) to decide whether an applicant can have a license or not. The DOS has an investigative unit who reviews the court documents.
It seems likely that the factors the DOS would consider are:
- the license the applicant desires, e.g. salesperson, broker, appraiser, home inspector
- the nature of the misdemeanor or felony
- the court disposition papers
Applicants for a salesperson license for example, who have have been convicted of a misdemeanor must include a certified accusatory statement along with a disposition from the courtwith their license application. Applicants who have been convicted of a felony must include a Certificate of Relief from Disabilities and other documentation with their application.
You can write to the DOS at the following address:
NYS Department of State, Division of Licensing Services
P.O. Box 22001
Albany, NY 12201-2001(518)
or call: 474-4429 (customer service hours 9:00am - 4:45pm)
Visit the main office at:
Alfred E. Smith Office Building
80 S. Swan Street, 10th floor
Albany, NY 12210
If you need to speak with a certain individual, an appointment will probably be required.
Real estate licensure applicants who are denied a license have the right to file an appeal with the DOS.