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Can a real estate license be denied in Utah for a criminal conviction?

Utah law requires that persons applying for a license as a real estate sales agent, associate broker, or principle broker must meet certain standards evidencing "honesty, integrity, truthfulness, and reputation." Criminal convictions can affect a person's ability to meet those standards and may result in a person being denied a license in Utah.

Utah Administrative Code Section R162-2f-201 requires that the Division of Real Estate and Utah Real Estate Commission must deny a license as an agent, associate broker, or principle broker if a person has a conviction for a felony (resulting from a guilty verdict at trial or under a plea agreement) or a release date from jail or prison for a felony conviction within five years of the date of application.  The license must also be denied for a conviction or a release date from jail for a misdemeanor involving "fraud, misrepresentation, theft, or dishonesty" within three years of the date of application.

The Utah Administrative Code also allows (but does not require) a license to be denied for other acts or incidents from the applicants past that "reflect negatively on the applicant's honesty, integrity, truthfulness, and reputation."  The Division and Commission are allowed to consider other criminal charges less serious than those described above, civil judgments or lawsuits, evidence of non-compliance with court orders or conditions of sentencing, probation agreements, or pleas in abeyance.

If you are a real estate professional in Utah and are facing criminal charges, it is important to have an experienced Utah criminal defense lawyer on your side.  Based in Salt Lake City, Stephen Howard provides legal services to clients throughout Utah.

Contact us today to schedule an initial consultation.


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  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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