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:

1. The nature and seriousness of the Requestor’s felony offense(s) / conviction(s).
2. The nature of the specific duties and responsibilities for which the license, registration, or certificate is required.
3. The amount of time that has passed since the Requestor’s felony offense(s) / conviction(s).
4. 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).
5. 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:

1. The specific conviction(s) acting as the basis for the intended denial.
2. The Commission’s findings of fact and conclusions of law, relative to the enumerated CHRI consideration factors.
3. 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).