To be eligible for the affiliate broker examination or considered for licensure, at least two years must have passed from the date of expiration of probation, parole or occurred later. This restriction applies to all felonies as well as to misdemeanors that involve the theft of money, services, or property.
In spite of this, if a person possesses a certificate of employability pursuant to Tennessee Code, that person is not denied the issuance of a license based solely on their past record of criminal activity, but may instead be required to appear before the Commission for the purpose of the Commission considering on a case-by-case basis whether to grant or deny the issuance of the license.
If you have been convicted, pled no contest or found guilty of any criminal offense within the past 10 years, other than a traffic violation, this should be disclosed. This includes a DUI and reckless driving.
According to the Rules of the Tennessee Real Estate Commission, you will need to submit a copy of your conviction record as well as an affidavit providing details of each charge and the disciplinary action taken by the local, state or federal agency, as well as the factual and legal basis for each action.
If your background check does not reveal the current status or outcome of an arrest or charge related to a felony or a misdemeanor involving theft of services, money or property, and that charge was dismissed, not pursued or otherwise disposed of, you should submit certified copies of the court disposition or other acceptable documentation to the Commission for each such arrest or charge in question. If the court has no record due to the age of the record, you must request a letter from the court’s clerk stating the absence of records.
A conviction may impact your ability to become licensed in Tennessee. You may be asked to appear before the Commission so a determination can be made of whether the conviction, arrest or disciplinary sanction constitutes grounds for denial of a license, and whether the applicant may move forward with the licensing process. You should ensure your principal broker is present.
An applicant who appears before the Commission requesting licensure, and who is denied, will not be eligible for reconsideration for six months from the date of denial.