Call 24/7 to Book a Free Consultation (732) 709-7757

NJ Law Blogs

Real Estate Professionals and Criminal Convictions

Posted by Carmine R. Villani | May 07, 2015 | 0 Comments

A real estate license is the lifeblood of every agent. Yet every year, thousands lose their licenses. Some are considered criminals, others may be considered incompetent, yet others may be victims of unfortunate circumstances. At Villani & DeLuca P.C., we understand how painful it can be for real estate professionals to be unfairly charged affecting their ability to run a business.

Real Estate Professionals and Criminal Convictions

Expunging Criminal Records for Real Estate Professionals

Most states, including New Jersey, will automatically revoke a real estate license after a criminal conviction. If you're facing a felony charge that could lead to the loss of your real estate license (in addition to jail time and other penalties), call the experienced criminal defense attorneys at Villani & DeLuca P.C. right away at 732-709-7757 for your complimentary consultation. Act swiftly to protect and preserve your rights through an effective defense. Remember, you are innocent until proven guilty.

The Real Estate Commission Law

Real estate professionals who are facing disciplinary action or who have been convicted in the past of a felony will be barred from receiving their license…though that doesn't keep people from trying. The New Jersey Real Estate Commission requires applicants to disclose all criminal convictions and any pending criminal matters. The commission then reviews each application and determines whether or not to issue their real estate license based on a number of factors including criminal background. If you have been arrested or convicted of a criminal offense, it will affect your current New Jersey real estate license (N.J.S.A. 45:15-17(s)). The commission requires written notice of any arrest, indictment or conviction within 30 days. Depending on the type of crime, additional action may also be required. N.J.S.A. 45:15-19.1 requires that the commission revoke a license when a licensee has been convicted of certain offenses, including theft and related offenses. N.J.S.A. 45:15-19.2 allows the commission the discretion to suspend a license if a licensee is indicted for certain types of crimes, including theft and related offenses.

Expunged Records

Real estate professionals may be able to expunge or clear their record on a path to a fresh start in life. An expungement of a record is the removal of a detention, arrest, trial or disposition from a person's criminal record. This is also loosely referred to as sealing of a record. In New Jersey, there is no legal distinction between sealing your record and expunging it (both involve a court order prohibiting the public from viewing). Expunged records include complaints, warrants, arrests, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records. To be eligible for expungement of an indictable offense, certain requirements must be met; consult with a criminal defense attorney today to find out if it's right for you.

Contact an Experienced New Jersey Criminal Attorney

The laws that regulate real estate professionals in New Jersey can be quite complex. It's very important to discuss your case with an experienced New Jersey defense lawyer at Villani & DeLuca P.C. to advise you. Contact us today at 732-709-7757 to learn more about how we successfully defend real estate professionals in the Monmouth County and Ocean County areas.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.