Will a misdemeanor conviction prevent me from becoming a real estate agent in the state of California?

The most likely course here is that BRE will initially deny your application for license because of the prior criminal conviction. This is a virtually "automatic" denial and will not represent any considered opinion or evaluation of the specific facts of your license-worthiness. With the notification of the denial will come instructions about how to appeal the denial. There is a very short time-window for filing the Notice of Defense that implements the right to appeal. File it ASAP with a certified or registered mailing -- get a receipt for the mailing. Once the matter is on appeal, you will be in the queue for an evidentiary hearing before an Administrative Law Judge. The hearing date is often 6 - 10 months out. Very few applicants are successful in the appeal without counsel. The most significant benefit of legal counsel is the potential for negotiating a stipulated result with the licensing agency. This can be a critical opportunity because the ALJ's decision at the evidentiary hearing is a Proposed Decision only -- the BRE can simply choose to over-ride the hearing result. So the only certain way to obtain the license is to negotiate an agreement for issuance of the license with the State agency. Your case may be one that can be negotiated to a good result. Twenty-five years without a subsequent offense meets all State standards. Check out the other statutory factors of rehabilitation and mitigation (set forth in detail on the BRE web-site and in CA Business & Professions Code) to get a good sense of the strength of your prospects for successful appeal. If you have not yet consulted with local criminal defense counsel to determine whether your old conviction can be set aside pursuant to Penal Code § 1203.4, you should do that right away. A dismissal under that statute will not make the old conviction of no consequence, but BRE expects applicants to have availed themselves of that statutory benefit and the failure to do so can weigh heavily against the applicant. When I was an Admin Law Judge for State of CA presiding at hearings on appeals of license denials I was always struck by how many appealing applicants did not use legal counsel. That can be a profound strategic mistake. The system is complicated and technical and without a lawyer there is a very limited chance of success. I strongly suggest that you arrange for a Consultation with a skilled and experienced attorney in professional licensing law ASAP.

This is more a licensing question than a criminal defense one. Ms. McCall has given her (as always) phenomenal answer from a licensing perspective. For assistance with the appeal process, she would be a phenomenal resource. Although it wouldn't erase the conviction dr your record or prevent the BRE from considering it, getting it dismissed under Penal Cose 1203,4 (commonly referred to as an expungement) may be of some value.

This "answer" is really more of a comment that the advice Ms. McCall has generously given is all you need. You really should look no further or else risk diluting her wisdom. Follow her advice. Her experience and success in this narrow field is unmatched. Hire her and pay her well.