Licensee: Will my Arrest or Charge be Made Public Record?

by | Jan 12, 2017 | Blog, Licensee Issues | 0 comments

As is set forth by the California Bureau of Real Estate, because of the Constitutional protections for the rights of the accused, information on a licensee being arrested or charged with a crime is not always made available to the public. If a licensee is arrested or charged with a crime, CalBRE is notified by the DOJ and a CalBRE investigation will begin. However, information regarding investigations must remain confidential per Government Code 6254(f) and Evidence Code 1040 unless and until the Bureau files a formal pleading recommending that the license be disciplined. With the exception of suspending a license during the period of incarceration after conviction of a felony, regardless of whether that conviction has been appealed, the Bureau cannot take action against a licensee until there is a conviction and the licensee has been sentenced.

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The defense of Real Estate Professionals was born out of representing agents and brokers in the criminal courts and realizing that their problems did not end in court. Their livelihood was still at risk due to discipline by the BRE. We provide focused defense of Real Estate Professionals in obtaining and defending their licenses.