Felony History
A prospective applicant for a real estate salesperson or broker license, who has been convicted of one or more felonies, may request a pre-application eligibility determination prior to completing and/or submitting the required license application, fees, or education. La. R.S. 37:33-36; 2950. However, the Requestor shall submit a Felony Review Hearing Request form to the Commission via: compliance@lrec.gov; or, mailed to 9071 Interline Avenue, Baton Rouge, LA 70809.
Accordingly, any person of majority age may request that the Commission both: (1) review the person’s criminal history records and information (“CHRI”), after his/her submission of fingerprints to the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections (La. R.S. 37:1435.1); and, (2) provide such Requestor with a written determination of his/her license eligibility within forty-five (45) days from the date of the Commission’s actual receipt of his/her completed Felony Review Hearing Request.
The Commission may require the Requestor to personally appear for a review hearing at the Commission office (9071 Interline Avenue, Baton Rouge, LA 70809) prior to making any final determination. A Requestor may appear at any Commission hearing with or without legal counsel as such CHRI may be used as the basis for the Commission’s denial of a license application, renewal, and/or reinstatement as authorized by law, including but not limited to the Louisiana Real Estate License Law (La. R.S. 37:1430 et seq) and the Administrative Procedure Act (R.S. 49:950 et seq). During a felony review hearing, the Commission shall consider all the following:
- The nature and seriousness of the Requestor’s felony offense(s) / conviction(s).
- The nature of the specific duties and responsibilities for which the license, registration, or certificate is required.
- The amount of time that has passed since the Requestor’s felony offense(s) / conviction(s).
- Facts relevant to the circumstances of the Requestor’s felony offense(s) / conviction(s), including any aggravating or mitigating circumstances or social conditions surrounding those felony offense(s) / conviction(s).
- Evidence of rehabilitation or treatment undertaken by the Requestor, occurring after his/her felony offense(s) / conviction(s).
The Commission shall provide additional written notice to the Requestor of all the following when the Commission has denied his/her relevant license application and/or eligibility determination request:
- The specific conviction(s) acting as the basis for the intended denial.
- The Commission’s findings of fact and conclusions of law, relative to the enumerated CHRI consideration factors.
- Information regarding how the Requestor may: (a) request an extension of time to provide the Commission with additional evidence supporting the Requestor’s licensure eligibility and/or providing reasonable grounds for a rehearing of the denial; (b) request a successive hearing be placed on the Commission’s next-available CHRI review hearing date agenda; or, (c) appeal the Commission’s order(s).