What is a Background History form and when should it be used?
A Background History form is used in conjunction with a Fitness Determination form, or any other application where you answer “Yes” to a question regarding a prior criminal offense, unpaid judgments, prior or pending lawsuits, performed any duties of a licensee without holding a proper license, or if you currently hold (or once held) a professional license.
The Background History form is used to provide more in-depth information regarding a past offense that should be disclosed to the Texas Real Estate Commission.
The Background History form asks for the following information:
Employment history for the last five years.
If you hold an out-of-state real estate license.
Must include a license history signed by the appropriate state licensing agency.
If you hold any other professional or occupational license.
Must include a license history signed by the appropriate state licensing agency.
If you have any outstanding judgments.
Must include copies of all petitions, responses and judgments.
Any criminal history you may have.
Must submit copies of all indictments, information, charges, judgments, orders, motions to revoke and parole/probation/community supervision release.
Any unlicensed activity.
Related FAQs
Fitness Determination is when the Texas Real Estate Commission determines if an applicant meets the qualification for honesty, trustworthiness, and integrity. In other words, it’s TRECs way of determining if an applicant’s moral character is acceptable to obtain a real estate license.
A Fitness Determination form should be used if you have any prior criminal offenses, unpaid judgments, had any discipline taken against a professional or occupational license you held/hold, or have performed any duties of a licensee while not properly licensed.
If you have any past criminal offenses, unpaid judgments, had discipline taken against a professional or occupational license you hold/held, or have performed duties of a licensee while not properly licensed, you should submit a Fitness Determination form to TREC.
A Background History form is used in conjunction with a Fitness Determination form. The Background History form is used to provide more in-depth information regarding a past offense that should be disclosed to the Texas Real Estate Commission.
Yes, you can still obtain a Texas real estate salespersons license if you have a prior conviction. TREC recommends that you submit a Fitness Determination form prior to applying for a real estate license. This will allow TREC to review the circumstances surrounding your case.
If you provided an email address on your Fitness Determination form, TREC will email you their decision. Otherwise, TREC will send you their decision via mail.
If TREC approves your Fitness Determination, you can then proceed with the 180-hour Texas pre-license course and your license application. When submitting your license application, you should include your Fitness Determination letter.
If your Fitness Determination is not approved, your only available option is to resubmit a new FD with additional supporting documentation. If you do not have any additional supporting documentation to submit a new FD form, unfortunately, you will not be able to apply for a Texas real estate license.