FAQ: Can I get my TN license if I have a past arrest or conviction?

If you are on parole or probation, the Tennessee Real Estate Commission does not allow you to be scheduled for the state licensing exam until two years have passed from the date of expiration of probation, conviction, or release from incarceration, whichever is latest. This restriction applies to all felonies as well as to misdemeanors which involve the theft of money, services, or property.

However, if you possess a certificate of employability pursuant to Tennessee Code, you may not be denied the issuance of a license based solely on your past record of criminal activity. Instead, you may be required to appear before the Commission for consideration of whether to grant or deny the issuance of the license.

If you have been convicted, pled no contest or found guilty of any criminal offense within the past 10 years, other than a traffic violation, this should be disclosed to the Tennessee Real Estate Commission. This includes a DUI and reckless driving.

According to the Rules of the Tennessee Real Estate Commission, you will need to submit a copy of your conviction record as well as an affidavit providing details of each charge and the disciplinary action taken by the local, state or federal agency, as well as the factual and legal basis for each action, as applicable.

If your background check does not reveal the current status or outcome of an arrest or charge related to a felony or a misdemeanor involving theft of services, money or property, and that charge was dismissed, not pursued or other disposed of, will need to submit a letter or other documentation from the court’s clerk as to the status of the charges.

A conviction may impact your ability to become licensed in Tennessee. You may be asked to appear before the Commission so a determination can be made of whether the conviction, arrest or disciplinary sanction constitutes grounds for denial of a license, and whether the applicant may move forward with the licensing process. You should ensure your principal broker is present.

An applicant who appears before the Commission requesting licensure, and who is denied, will not be eligible for reconsideration for six months from the date of denial.