Can I get my NC license if I have a past arrest or conviction?

As an applicant, you must obtain and submit a criminal record report with your application. In addition, you will be required to answer three character questions when completing your application. One of these three questions pertains specifically to any criminal offenses in your past or currently. Failing to answer truthfully will be considered a character issue in addition to the underlying issue or offense. All information relating to criminal offenses, including serious traffic offenses such as DWIs or reckless driving, must be submitted.

A conviction is one of several character issues that require further review by the Commission. If you have a criminal record report showing a criminal conviction, including a serious traffic offense or DWI, or you have answered “yes” to any one of the questions on the license application regarding criminal offenses, professional licensure disciplinary action or liens and unpaid judgments, you are considered to have a character issue.

The Commission will review each application with a character issue and evaluate it on a case-by-case basis. If the issue relates to a criminal conviction, the Commission is required by law to consider the following factors:

  • The crime’s level and seriousness.
  • The date the crime was committed.
  • The age of the person at the time the crime was committed.
  • The situations surrounding the perpetration of the crime, if known.
  • The relationship, if any, between the criminal activity and the prospective real estate duties of the applicant.
  • The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
    • Completion or active participation in alcohol or drug treatment.
    • A Certificate of Relief granted pursuant to N.C.G.S. § 15A-173.2.
  • Any subsequent crimes committed by the applicant.
  • Any affidavits or other written documents, including character references, that speak to the character of the applicant.

If you are undergoing a review because of one or more character issues, expect the commission to take up to 45 days after you’ve passed the licensure exam to complete its evaluation before you request a status update. It’s possible the Commission will need to do a more extensive search of criminal or civil records, or request a credit report. You may also be asked to supply additional information.

If, during the process, the Commission determines the applicant is of satisfactory good character, the license will be promptly issued. If a criminal charge or issue is pending, the commission may be unable to move forward with its review until the matter is resolved.

If the Commission determines your character does not meet required standards, it will defer the application and advise you of your right to request a formal hearing before the Commission. Failure to request a hearing within 60 days of that notification will constitute a waiver of that right and the license application will be denied.