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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