Florida Real Estate License: Criminal Background and Disqualifications (2026)

Having a criminal record doesn't automatically disqualify you from becoming a licensed real estate professional in Florida. The Florida Real Estate Commission (FREC) evaluates each applicant individually, considering the nature of offenses, time elapsed, and evidence of rehabilitation. This comprehensive guide explains exactly what to expect during the background check process and how to maximize your chances of approval in 2026.

FREC Background Check Requirements for All Applicants

Every person applying for a Florida real estate license must undergo a comprehensive criminal background check—no exceptions. This requirement applies equally to sales associates, broker candidates, and those seeking reciprocal licensure from other states.

The background check process involves several key components:

• 1
  Electronic Fingerprint Submission

  Visit an approved Livescan vendor to have your fingerprints captured electronically. The fee typically ranges from $50 to $85 depending on the provider.

• 2
  FDLE State Criminal Check

  The Florida Department of Law Enforcement searches all Florida criminal records associated with your fingerprints.

• 3
  FBI National Criminal Check

  The FBI searches their nationwide database for any criminal history from other states or federal jurisdictions.

• 4
  FREC Review

  Commission staff review results and determine if further investigation or moral character evaluation is needed.

Crimes That May Disqualify You from Licensure

Florida Statute 475 grants FREC authority to deny licensure based on criminal history. Certain offenses carry automatic or presumptive disqualification, while others require case-by-case evaluation.

Felony vs. Misdemeanor Considerations

The classification of your offense significantly impacts how FREC evaluates your application. However, the nature of the crime often matters more than its classification.

Felony Convictions

Felony convictions receive the most scrutiny from FREC. If you have a felony on your record, expect a thorough review process that considers the specific offense, circumstances, time elapsed, and rehabilitation efforts. Certain felonies—particularly those involving fraud, dishonesty, or breach of trust—are viewed most seriously because they relate directly to fiduciary responsibilities in real estate.

Misdemeanor Convictions

Misdemeanors generally pose fewer obstacles to licensure, though they still require disclosure. Multiple misdemeanors or a pattern of criminal behavior may raise concerns even when individual offenses seem minor. Misdemeanors involving dishonesty, theft, or fraud receive heightened scrutiny similar to felonies of the same nature.

Moral Character Determination Process

When FREC identifies criminal history during the background check, your application enters a moral character review process. This evaluation goes beyond simply checking boxes—it's a comprehensive assessment of your fitness to hold a real estate license.

"The Commission shall not deny a license solely because of a prior criminal conviction. Each applicant is entitled to consideration of all factors bearing on their present fitness to engage in the real estate profession."

FREC evaluates multiple factors during the moral character determination:

• ☐Nature and severity of the offense(s)

• ☐Time elapsed since conviction or release from incarceration

• ☐Successful completion of probation or parole

• ☐Evidence of rehabilitation and changed circumstances

• ☐Letters of recommendation from employers, clergy, or community leaders

• ☐Relationship between offense and real estate duties

• ☐Honesty and completeness of your disclosure

How to Disclose Criminal History on Your Application

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Complete honesty is non-negotiable when disclosing criminal history. Failing to disclose—even for expunged or sealed records—can result in automatic denial and potential charges for providing false information on a state application.

When completing the criminal history section of your application:

• 1
  Answer "Yes" to Background Questions

  Check yes even if you believe the record was expunged or sealed. Let FREC determine what appears on your official record.

• 2
  Provide Complete Details

  Include dates, charges, jurisdictions, case numbers, and final dispositions for every incident.

• 3
  Attach Supporting Documents

  Include certified court documents, proof of completed sentences, and any expungement or sealing orders.

• 4
  Write a Personal Statement

  Explain circumstances, accept responsibility, and describe your rehabilitation journey in your own words.

Requesting a Preliminary Determination from FREC

If you have concerns about whether your criminal history will disqualify you, Florida law allows you to request a preliminary determination before investing in pre-licensing education. This process provides clarity without requiring you to complete the 63-hour course first.

To request a preliminary determination:

• 1
  Submit Form DBPR RE-13

  Complete the Application for Determination of Eligibility for Licensure available on the DBPR website.

• 2
  Pay the Application Fee

  A non-refundable processing fee is required with your submission.

• 3
  Complete Fingerprinting

  Submit electronic fingerprints through an approved Livescan provider.

• 4
  Await FREC Decision

  The Commission will issue a determination letter indicating whether you appear eligible for licensure.

Appeals and Rehabilitation Evidence

If FREC denies your application, you have the right to appeal the decision. Additionally, presenting strong rehabilitation evidence with your initial application can significantly improve your chances of approval.

Strengthening Your Application with Rehabilitation Evidence

FREC wants to see that you've changed. The following types of evidence carry significant weight:

• ☐Completion certificates from rehabilitation programs

• ☐Letters from employers demonstrating reliable work history

• ☐Character reference letters from community members, clergy, or mentors

• ☐Educational achievements since the offense

• ☐Community service or volunteer work documentation

• ☐Proof of restitution payments if applicable

The Appeals Process

If your application is denied, you'll receive a Notice of Intent to Deny explaining the reasons. You have 21 days to request an informal hearing before FREC or 21 days to request a formal administrative hearing under Chapter 120, Florida Statutes. An experienced attorney can help you navigate this process and present your case effectively.

Frequently Asked Questions

Will a DUI prevent me from getting a Florida real estate license?

A single DUI typically will not disqualify you from licensure, especially if it occurred several years ago and you've completed all court requirements. However, multiple DUIs or a recent DUI conviction may require additional explanation and evidence of rehabilitation. FREC evaluates each case individually.

Do I need to disclose expunged or sealed records?

Yes. Florida law requires you to disclose all criminal history to FREC, including expunged, sealed, and juvenile records. The fingerprint-based background check may reveal these records anyway, and failing to disclose them constitutes grounds for denial based on dishonesty.

How long do I have to wait after a felony conviction to apply?

There's no statutory waiting period that applies to all felonies. However, FREC generally looks more favorably on applications submitted five or more years after conviction or release from incarceration. Serious felonies involving fraud may require 10-15 years. Request a preliminary determination if you're uncertain.

How long do I have to wait after a felony conviction to apply?

There's no statutory waiting period that applies to all felonies. However, FREC generally looks more favorably on applications submitted five or more years after conviction or release from incarceration. Serious felonies involving fraud may require 10-15 years. Request a preliminary determination if you're uncertain.

Can I apply while still on probation?

You can submit an application while on probation, but FREC typically requires successful completion of all court-ordered supervision before granting licensure. In some cases, applicants nearing the end of probation have received conditional approval pending completion.

What happens if I fail to disclose a conviction?

Failing to disclose criminal history is considered fraud and misrepresentation on a state application. This alone can result in automatic denial—even if the underlying offense might have been approvable. Additionally, you could face criminal charges for providing false information on a government form.

Will out-of-state convictions show up on my background check?

Yes. FREC conducts both state (FDLE) and federal (FBI) background checks using your fingerprints. The FBI check searches nationwide databases, so convictions from any U.S. state or federal jurisdiction will appear. You must disclose these just as you would Florida convictions.

How much does the preliminary determination process cost?

The preliminary determination application requires a non-refundable fee plus the cost of electronic fingerprinting. Fingerprinting typically costs $50-$85 at Livescan providers. Check the current DBPR fee schedule for the exact application fee, as these amounts may change.

Should I hire an attorney to help with my application?

For minor offenses like a single old misdemeanor, an attorney may not be necessary. However, if you have felony convictions, multiple offenses, or crimes involving fraud or dishonesty, consulting with an attorney who specializes in professional licensing can significantly improve your chances of approval and help you present the strongest possible case.

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