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.