Can You Get a Real Estate License with a Felony in Texas?
Not sure if you can get a Texas real estate license with a record?
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Yes, it is possible to get a Texas real estate license with a criminal record. Having a criminal history does not automatically disqualify you — TREC evaluates every applicant individually based on honesty, trustworthiness, and integrity. What matters most is the nature of the offense, how long ago it occurred, and what you've done since. Here's what you need to know before you start the process.
| Key facts | Details |
|---|---|
| Does a criminal record disqualify you automatically? | No — each case is evaluated individually |
| Who evaluates your application? | Texas Real Estate Commission (TREC) |
| Optional pre-check available? | Yes — Fitness Determination (FD) form |
| FD fee | $52 nonrefundable |
| FD processing time | Up to 30 days after all documents received |
| Does FD replace background check? | No — fingerprint background check still required |
How TREC Evaluates Applicants with a Criminal Record
All Texas real estate license applicants must demonstrate they meet TREC's standards for honesty, trustworthiness, and integrity. Under TREC Rule §541.1, certain criminal offenses are considered directly related to the duties of a real estate license holder — meaning they relate to a person's ability to represent someone else's interests responsibly. These include fraud, forgery, theft, offenses involving bribery or illegal compensation, offenses against another person's property, DWI, and sexual offenses, among others.
Having one of these offenses on your record doesn't mean an automatic denial. TREC is required under Chapter 53 of the Texas Occupations Code to weigh the full picture of your situation, including:
- The nature and seriousness of the offense
- How directly the offense relates to the duties of a real estate agent
- How old you were when the offense occurred and how much time has passed
- Your conduct and work history before and after the offense
- Whether you completed all court-ordered terms, including probation or parole
- Evidence of rehabilitation
- Letters of recommendation or other evidence of your current character
The more time that has passed, the stronger your rehabilitation evidence, and the less directly your offense relates to real estate duties, the better your chances of approval. A single older offense handled responsibly looks very different to TREC than a pattern of repeated violations.
What Is the Fitness Determination — and Do You Need One?
The Fitness Determination (FD) is an optional process that allows you to get a preliminary ruling on your eligibility before you invest time and money in pre-licensing coursework and the full application. If there's anything in your history that could affect your eligibility, submitting an FD first is strongly recommended.
The FD is not a background check — it's a review based solely on what you disclose. That means you need to be completely transparent. Disclose every offense, no matter how old, how minor, or whether it was dismissed, resulted in deferred adjudication, or you were placed on probation. TREC's subsequent fingerprint background check will surface your full criminal history regardless, and failing to disclose something in your FD could work against you.
To request a Fitness Determination, submit the FD form through the TREC REALM PortalTREC Default.aspx Aca Prod.accela.com along with all relevant court documents and a $52 nonrefundable fee. You must also include a completed Background History Form (BH-3)Background History Form Forms. TREC will review everything and respond within 30 days of receiving all required documentation.
One important timing note: the FD must be submitted before you apply for your license. Once you've filed a license application, it's too late to request one. Ideally, submit it before you begin your pre-licensing courses so you're not spending time and money on education if you're likely to be denied.
For a detailed walkthrough of the FD form and how to complete it, see our guide to the TREC Fitness Determination processTexas Guide To Moral Character Determination Career Center.
What Happens After You Submit the Fitness Determination?
If your FD is approved
A favorable Fitness Determination means TREC has determined that your history, as disclosed, is unlikely to prevent you from getting a license. You can move forward with the standard licensing processTexas How To Get Texas Real Estate License Career Center — completing your 180 hours of pre-licensing education, applying through TREC, and sitting for the exam — just like any other applicant. Keep in mind that you'll still need to complete the fingerprint background check as part of your application, and TREC will conduct a full review at that stage as well.
If your FD is denied
A denial isn't necessarily permanent. You can resubmit your FD with additional documentation — more detailed court records, character references, letters of recommendation, or other evidence that supports your case. There's no guarantee a resubmission will result in approval, but a stronger supporting package gives TREC more to work with. If you're in this situation, consulting with a real estate license defense attorney before resubmitting is worth considering.
Can You Get a Texas Real Estate License with a Felony?
Possibly, yes. A felony conviction doesn't automatically bar you from getting a Texas real estate license, though felonies — especially recent ones or those involving fraud, property crimes, or offenses against other people — will receive close scrutiny. TREC weighs the same factors it does for any criminal history: the nature of the offense, time elapsed, rehabilitation evidence, and your overall character. Many people with older felony convictions have successfully obtained Texas real estate licenses after demonstrating consistent rehabilitation and good character.
If you have a felony on your record, submitting the Fitness Determination before starting your coursework is especially important. It's the most efficient way to understand where you stand before committing to the full licensing process.
Disclosure Requirements for Current License Holders
If you already hold a Texas real estate license and are convicted of a felony or any criminal offense involving fraud, you are required by law to notify TREC within 30 days of the conviction or the entry of a guilty or nolo contendere plea. Failing to disclose within that window is itself a violation of the Real Estate License Act and can result in disciplinary action against your license, separate from the underlying offense.
Frequently Asked Questions
Does a criminal record automatically disqualify me from getting a Texas real estate license?
No. TREC evaluates every application individually. A criminal history may complicate the process, but it doesn't automatically prevent you from getting licensed. The nature of the offense, how long ago it occurred, and your conduct since are all factors TREC considers.
What is the Fitness Determination and do I have to submit one?
The Fitness Determination (FD) is an optional preliminary review you can request before applying for your license. It's not required, but it's strongly recommended if you have any criminal history. It costs $52 and gives you a preliminary ruling on your eligibility before you invest in pre-licensing education and the full application.
What offenses is TREC most concerned about?
TREC Rule §541.1 identifies offenses that are considered directly related to real estate duties — including fraud, forgery, theft, bribery, offenses against another person's property, DWI, and sexual offenses. These receive the most scrutiny, but they don't result in automatic denial.
Do I still need a background check if I submit a Fitness Determination?
Yes. The FD is based only on what you disclose — it is not a background check. All license applicants are still required to submit fingerprints for a full criminal history check through the Texas Department of Public Safety and the FBI as part of the standard licensing process.
What if my criminal record has been expunged?
Expunged records are not supposed to appear on a background check. If one does appear by mistake, TREC will ask you to provide a copy of your Order of Expungement or Non-Disclosure and will not consider that offense in their determination.
Can I get a Texas real estate license with a felony?
Possibly. A felony conviction doesn't automatically disqualify you, but it will receive careful review. Submitting a Fitness Determination before starting your coursework is the best way to assess your eligibility before committing to the full licensing process.
If you've reviewed your history and feel confident moving forward, the next step is completing your 180 hours of pre-licensing education with a TREC-approved provider. See if AceableAgent's Texas real estate course is right for you.Texas Real Estate License