How Does a DUI Conviction Affect a
Real Estate License in Pennsylvania?
To become a Real Estate Agent in Pennsylvania, you must complete specific training and educational requirements, and pass the Pennsylvania Real Estate Examination. The Pennsylvania Bureau of Professional and Occupational Affairs governs Real Estate Professionals in Pennsylvania. Within that Bureau, the Real Estate Commission and State Board of Certified Real Estate Appraisers handle any necessary disciplinary investigations.
Pennsylvania Statute 49 Pa. Code Chapter 35 contains The Pennsylvania Real Estate Commission Regulations. Section 35.221. General Requirements states Real Estate License applicants must provide:
Complete details of a conviction of, or plea of guilty or nolo contendere to, a felony or misdemeanor and the sentence imposed. In the case of an applicant that is a corporation, partnership, or association, this requirement applies to each member of the partnership or association and to each officer of the corporation.
Therefore, at the initial application, any criminal record must be revealed and will affect the Pennsylvania Real Estate Commission’s assessment of your qualifications for a Real Estate License.
It is not easy to become a real estate agent, and real estate can be a very lucrative and work-life balance friendly profession. Why risk your real estate license and hard work making a foolish mistake, such as a DUI conviction? So: How Does a DUI Conviction Affect a Real Estate License in Pennsylvania?
Paul S. Peters III, Esq. understands the dire consequences of losing your Real Estate License, such as threatening your ability to work and provide for yourself and your family. If you find yourself in danger of losing your Real Estate License through action by the Pennsylvania Real Estate Commission, you will need an experienced, trusted, and aggressive lawyer at your side to advocate on your behalf. Paul S. Peters III, Esq. will provide you with that needed advocacy and legal defense. Call Paul S. Peters III, Esquire at 215-291-2944.
Categories of Real Estate Professionals
The Pennsylvania Real Estate Commission requires the following real estate related professions to operate with a license:
35.222. Licensure as broker.
35.223. Licensure as salesperson.
35.224. Licensure as cemetery broker.
35.225. Licensure as cemetery salesperson.
35.226. Licensure as builder-owner salesperson.
35.227. Licensure as rental listing referral agent.
35.228. Licensure as campground membership salesperson.
35.229. Licensure as time-share salesperson.
Once licensed, under Section 35.290. Reporting of crimes and disciplinary actions, if you hold a real estate license in Pennsylvania, you must:
Notify the Commission of being convicted of, or pleading guilty or nolo contendere to, a felony or misdemeanor, within 30 days of the verdict or plea.
This reporting requirement is broad; therefore, any crime in Pennsylvania classified as a Misdemeanor or Felony must get reported, including a DUI conviction. Act 6 of 2018 of the Pennsylvania Bureau of Professional and Occupational Affairs, adds to the reporting requirements, that acceptance into ARD must get disclosed even though it is not an actual conviction.
DUI Conviction and Real Estate License in Pennsylvania
Per the language and requirements placed upon a Pennsylvania Real Estate License holder, a DUI conviction can have a devastating impact in terms of obtaining your Real Estate License and keeping it. A DUI conviction will not disqualify you from getting a Real Estate License, but it will undoubtedly make the process more difficult and scrutinized. A DUI conviction must be disclosed, even entry into ARD, and can result in an investigation and disciplinary action by the Pennsylvania Real Estate Commission. The investigation can result in probation, a suspension, or termination of your Pennsylvania Real Estate License.
A DUI conviction, as well as other serious crimes, will cause the Pennsylvania Real Estate Commission to call into question your judgment, character, fitness, and ability to serve the public as a licensed Real Estate Agent. The Pennsylvania Real Estate Commission demands a high ethical and moral standard given the serious nature of real estate laws, requirements, document specificity, and the role of being an escrow agent.
You may be able to avoid putting your Real Estate License at risk if you hire an experienced DUI and Real Estate License Defense Attorney such as Paul S. Peters III, Esq. Attorney Peters can aggressively advocate for your entry into the ARD Diversion Program if the DUI is your first offense. The ARD program will avoid a conviction and allow you to expunge the DUI arrest from your record. While ARD is a required disclosure to the Real Estate Commission, it will result in a less visceral reaction from the Commission than a DUI conviction. The ARD program can act to prevent a Real Estate License suspension.
If you are a Real Estate Agent faced with consequences from a DUI conviction, it is essential to have an aggressive, experienced, and trusted lawyer for both your DUI matter and hearing before the Pennsylvania Real Estate Commission. Paul S. Peters III, Esquire, is the legal advocate you need. Call him at 215-291-2944!
Other Crimes in Pennsylvania
Crimes of Moral Turpitude
Any serious felony offense such as Murder, Arson, Kidnapping, Burglary, or Rape, will undoubtedly prevent you from obtaining or result in a loss of your Real Estate License. As will any conviction for all levels of sexual offenses and offenses involving harm to children. Crimes for theft can also result in a license suspension. These crimes call into question a person’s morals, ethics, character, and judgment. The crimes fall into the category of crimes of “MORAL TURPITUDE” requiring disclosure.
Alcohol and Substance Abuse
If accused or suspected of substance or alcohol abuse on the job, your Real Estate job and license is threatened. Substance and alcohol abuse issues are extremely concerning to the Pennsylvania Real Estate Commission due to a Real Estate Agents one on one and many times confined interactions with the public. If abuse is suspected, you can face an investigation and hearing before the Real Estate Commission. The investigation can result in a requirement that you attend and complete drug and alcohol counseling, submitting to random drug screens, and having your position or license placed on probation, restrictions, or terminated and suspended.
All categories and levels of criminal charges are taken extremely seriously by the Pennsylvania Real Estate Commission. If you are facing criminal charges of any kind, your ability to be a Real Estate Agent in Pennsylvania is in jeopardy. For the criminal case and hearings before the Pennsylvania Real Estate Commission, you must have competent and aggressive legal representation. Paul S. Peters III, Esquire, with his 20-years of legal experience in criminal defense and licensing defense, will provide the trusted, experienced, and zealous legal advocacy needed to protect your liberty and Real Estate License.
How We Can Help
If you are a Real Estate Agent and facing DUI or other criminal charges, you must immediately obtain an experienced, trusted, and aggressive Criminal and License Defense Lawyer. You will need representation for both the DUI or other criminal charges and defense of your Real Estate License before the Pennsylvania Real Estate Commission. Paul S. Peters III, Esq. is the trusted, experienced, and aggressive legal partner needed to defend your rights and Real Estate License in Criminal Court and before the Pennsylvania Real Estate Commission.
Paul S. Peters III, Esq. handles matters in Pennsylvania arising in: Montgomery, Philadelphia, Bucks, Delaware, Chester, Lehigh, Lancaster, Northampton, and Berks, County, just to name a few.
Hopefully you do not have to ask the question: How Does a DUI Conviction Affect a Real Estate License in Pennsylvania? If you do, then Do Not waste one minute, contact the Aggressive, Experienced, Trusted, and Compassionate Pennsylvania Criminal and Real Estate License Defense Lawyer, Paul S. Peters III, Esq.
YOU BETTER CALL PAUL!
215-291-2944
[email protected]
TRUSTED, AGRESSIVE, ZEALOUS, AND EXPERIENCED PENNSYLVANIA PROFESSIONAL AND OCCUPATIONAL LICENSE DEFENSE ATTORNEY
If your Professional license is at risk in any of the following Pennsylvania Counties: Montgomery, Philadelphia, Bucks, Delaware, Chester, Lehigh, Lancaster, Northampton, Berks, Adams, Cumberland, Dauphin, Franklin, Fulton, Huntington, Juniata, Lebanon, Mifflin, Perry, Snyder, York Bradford, Cameron, Centre, Clinton, Lycoming, Montour, Northumberland, Potter, Sullivan, Tioga, Union, Carbon, Columbia, Lackawanna, Luzerne, Monroe, Pike, Schuylkill, Susquehanna, Wayne, and Wyoming County
It is important you contact the trusted, aggressive, and experienced Pennsylvania Professional and Occupational License Defense Attorney:
Paul S. Peters III, Esquire at:
215-291-2944
[email protected]
