Can you get a Texas real estate license with a criminal record?
Yes, it's possible. A criminal record doesn't automatically disqualify you, and you can find out where you stand before you spend anything on courses.
Texas law requires every applicant to satisfy TREC as to their honesty, trustworthiness, and integrity (Texas Occupations Code §1101.354). TREC evaluates each applicant individually: the law has no list or number of crimes that automatically disqualifies you. A record triggers a closer review, not an automatic denial.
Key takeaways
- Not automatic: no felony or misdemeanor automatically bars you from a Texas real estate license.
- Some offenses weigh more: TREC Rule 541.1 lists offenses it considers directly related to the job, like fraud, forgery, and theft.
- Check first: a Fitness Determination ($54) tells you whether you're eligible, within 30 days of TREC having your documents, before you take courses or apply.
- Disclose everything: old offenses and deferred adjudications included.
- Not permanent: TREC says a conviction that prevents a license now is not a permanent bar.
Which crimes TREC considers directly related to real estate.
Chapter 53 of the Texas Occupations Code lets licensing agencies deny a license for an offense that directly relates to the job. TREC Rule 541.1(a) lists the offenses it considers directly related for sales agents and brokers, a conviction or deferred adjudication treated as one, for:
- fraud or misrepresentation
- forgery, falsification of records, or perjury
- offering, paying, or taking bribes, kickbacks, or other illegal compensation
- offenses against another person's real or personal property, or selling it without legal authority
- offenses against the person
- offenses against public administration
- offenses involving moral turpitude
- sexual offenses, and offenses that require sex-offender registration
- felonies involving the manufacture or delivery of controlled substances
- felony DWI or DUI
- attempting, conspiring, or aiding and abetting any of these
- repeated violations of one criminal statute, or violations of several
An offense on this list doesn't mean automatic denial either. For offenses not on the list, TREC looks at how serious the crime was and how it relates to the duties of a license holder. And under Rule 541.1(f), TREC doesn't consider an arrest that didn't lead to a conviction or deferred adjudication.
What TREC weighs when it reviews your record.
When it decides whether you're fit for a license today, TREC must consider:
- the extent and nature of your past criminal activity
- your age when the crime was committed
- how much time has passed since your last criminal activity
- your conduct and work history before and after
- evidence of rehabilitation, during incarceration or after release
- whether you complied with probation, parole, or community supervision
- other evidence of your fitness, including letters of recommendation
Providing that evidence is your responsibility, so gather court documents and recommendation letters before you file.
Find out before you spend a dollar: the Fitness Determination.
A Fitness Determination is an optional review in which TREC decides whether your background meets its standard before you apply (Texas Occupations Code §1101.353). TREC suggests it for anyone with criminal offenses, unpaid judgments, discipline against a professional license, or past unlicensed activity.
Cost and timing
The fee is $54, paid online. Once TREC has all the required documents, it makes a fitness determination within 30 days. Submitting a complete request with your court documents is the fastest route.
When to request it
Ideally before you start your qualifying education, and at the latest before you submit your license application. You can't request one at the same time as your application, or after you've applied.
How to request it
In the REALM Portal, go to Licenses, then Create an Application, then TREC - Miscellaneous Transactions, and select Fitness Determination TREC. Upload your court documents there; TREC doesn't accept them by email, mail, or fax.
It doesn't replace the background check
A Fitness Determination is based only on what you disclose. Every applicant still needs fingerprints on file with the Texas Department of Public Safety for a DPS/FBI background check, and the license won't issue until it clears. Read more in our TREC fingerprinting guide.
What to disclose on your application.
If you answer "yes" to a background question, you complete TREC's Background History Form. Its criminal-history section asks for all felonies, all misdemeanors other than traffic tickets, and all military tribunal convictions, even if you've disclosed them on a previous TREC form, along with court documents for each offense. For a Fitness Determination, TREC also asks you to include offenses where you received parole, probation, or deferred adjudication, even if the case was later dismissed. Don't leave anything out because it feels old or minor.
What to do next, step by step.
1. Request a Fitness Determination
If you have any concern about your history, request one in the REALM Portal before you enroll in coursework or pay any other fees.
2. Gather your documents
Court records for each offense, proof you completed any probation or parole, and letters of recommendation.
3. Complete your 180 hours
Once you know where you stand, finish the six qualifying courses. See the full Texas real estate licensing steps.
4. Apply and disclose everything
File your application in the REALM Portal, answer the background questions honestly, and complete the Background History Form.
5. Get fingerprinted
Submit fingerprints for the DPS/FBI background check. Expect extra time if TREC opens an investigation into your history; see how long TREC takes to approve an application.
Still not sure how your specific history applies? Call and talk it through with a real mentor instructor before you enroll.
Criminal record and TREC licensing questions.
Can you get a Texas real estate license with a criminal record?
Yes, it's possible. A criminal record doesn't automatically disqualify you. Texas law requires you to satisfy TREC as to your honesty, trustworthiness, and integrity (Tex. Occ. Code §1101.354), and TREC evaluates each applicant individually; there's no list or number of crimes that automatically bars you. You can request a Fitness Determination ($54) before you apply to find out where you stand.
Can a felon get a real estate license in Texas?
Yes, a felony isn't an automatic bar. TREC weighs whether the offense directly relates to real estate duties and your present fitness, including how long ago it was, your age at the time, your conduct since, and evidence of rehabilitation. TREC's own guidance says a conviction that may prevent a license now is not a permanent bar.
What crimes disqualify you from a Texas real estate license?
None disqualify you automatically, but TREC Rule 541.1(a) lists offenses it considers directly related to the job, including fraud or misrepresentation; forgery, falsified records, or perjury; bribes or kickbacks; offenses against property or against a person; sexual offenses and offenses requiring sex-offender registration; felony drug manufacturing or delivery; felony DWI/DUI; and repeated violations. A conviction for one of these makes a denial more likely, but TREC still weighs mitigating factors.
What is a TREC Fitness Determination and how long does it take?
It's an optional review, requested in the REALM Portal before you apply, in which TREC decides whether your background meets its honesty, trustworthiness, and integrity standard. The fee is $54. Once TREC has all required documents, it makes a fitness determination within 30 days. You can't request one at the same time as, or after, your license application.
What do I have to disclose to TREC?
TREC's Background History Form asks for all felonies, all misdemeanors other than traffic tickets, and all military tribunal convictions, even if you've disclosed them before. For a Fitness Determination, TREC also asks you to disclose offenses where you received parole, probation, or deferred adjudication, even if the case was later dismissed, and to include your court documents.
Does TREC consider arrests that didn't lead to a conviction?
No. Under Rule 541.1(f), TREC does not consider an arrest that didn't result in a conviction or placement on deferred adjudication community supervision.
How far back does the TREC background check go?
TREC doesn't publish a lookback limit, and it asks you to disclose offenses even if they're old. How long ago an offense happened is one of the factors TREC weighs, along with your age at the time and your conduct since. Every applicant must be fingerprinted for a DPS/FBI background check, and the license won't issue until it clears.
Does a Fitness Determination replace the background check?
No. A Fitness Determination is based only on the information you provide. You still need fingerprints on file with the Texas Department of Public Safety for the background check, even if you're cleared, and TREC notes to expect a delay if it opens an investigation into your background history.
What evidence helps if I have a criminal record?
TREC considers evidence of rehabilitation, compliance with any probation or parole conditions, your work history and conduct since the offense, and letters of recommendation. It's the applicant's responsibility to provide that evidence, along with court documents for each offense.
What if I'm convicted after I get my license?
Once licensed, TREC can consider only felonies and offenses involving fraud. You must notify TREC within 30 days of a final conviction or a plea of guilty or nolo contendere to one of those offenses; failing to report on time can lead to additional discipline and a penalty.
See more common questions on our full FAQ page.
Not sure where you stand?
Call us, a real person answers, seven days a week.