Licensee: Are all Crimes Committed by a Real Estate Licensee within the Jurisdiction of CalBRE?
As is set forth by the California Bureau of Real Estate, all criminal convictions, whether State or federal, if committed by an applicant for a real estate license or by a real estate licensee, are subject to the Bureau’s review for licensure, denial, or discipline. Each and every conviction that the Bureau receives notice of is reviewed under criteria to determine the degree of materiality of the underlying crime and whether it is “substantially related to the qualifications, functions, or duties of a real estate licensee” (Section 10177(b) of the Business and Professions Code). The criteria that have been established for determining substantially related crimes are extensive. Any crime of dishonesty or involving fraud or theft, whether a misdemeanor or a felony, is investigated and adjudicated at an administrative hearing or resolved via settlement for the voluntary surrender or restriction of the convicted criminal’s license.