Hi I had 2 dui's in 1995,1997. Can i be denied in obtaining my real estate license?

Your worries are appropriate. Many real estate agents have DUIs. What's the worst that could happen? They say no.

I would second the points made by Attorney McCall and the other answerers. I would just add that I served as Senior Staff Counsel with the Department of Real Estate (DRE) in 2006 when the Petropolous decision was issued by the appeals court which made a dual requirement that disqualifying convictions for real estate licensees involved "moral turpitude" in addition to being substantially related to the duties of a proposed real estate licensee. The DRE has been insistent that DUIs are indeed substantially related to the duties of real estate agents; they would make the argument that real estate agents routinely drive clients to visit properties. The DRE would also argue that multiple DUIs were a crime of moral turpitude because the violator showed a lack of moral fitness by incurring an additional DUI after the initial one. In response to the Petropolous decision, the DRE sponsored legislation which successfully removed the moral turpitude requirement for taking disciplinary action against applicants and licensees. So the DRE is prone to prosecute potential applicants with DUIs, but you will have the ability to show your rehabilitation, extenuating circumstances, and why the DUIs are not relevant to your licensure. In general since around 18 years has elapsed since your last DUI and you have not had any trouble since then, your past convictions will be seen as less relevant. It would also help if you obtained an expungement of both convictions.. I also served as Staff Counsel for the DMV, and interestingly, DUIs are generally not seen as disqualifying convictions for the DMV, even though driving would appear to be an essential part of the duties of a motor vehicle salesperson. The DRE seems to be inclined to make its own rules and standards.

Ms. McCall is the word on these. Plus, if you don't apply, you definitely won't be licensed!

I highly doubt it. Firstly, the offenses are old. Moreover these are not honesty related crimes that could interfere with your ability to represent clients. Also although you always have to disclose the convictions to a licensing agency, you might want to hire an attorney to expunge the dui convictions from your history. It does look better and you would then not have to disclose them on employment applications. Good luck with the new career.

Check with the licensing requirements for getting a real estate license in California. A criminal conviction could make you ineligible to obtain a real estate license but you need to read the licensing requirements for real estate agents to be sure.

California law (Business & Professions Code §§ 490, 480) expressly authorizes the Bureau of Real Estate and other State licensing agencies to consider any conviction history in making licensing decisions. ALL convictions must be disclosed -- no matter how old, felony and misdemeanor, and even if "expunged" by California's version of expungement (P. C. § 1203.4 -- post-conviction dismissal). But that is not the end of the inquiry. State law also requires the licensing agency to make an individualized assessment of the applicant's history, and to give weight to all mitigation evidence, evidence of rehabilitation, and the facts and circumstances underlying the prior offense(s). No doubt you can make a good showing in these subject areas and you may well be successful in obtaining the license without a lot of delaying background investigation. Your best course is to get out in front of the issue. Arrange now for a formal consultation with a skilled and experienced professional/occupational licensing attorney -- one who regularly practices before BRE. That attorney can assist you in preparing the written disclosure statements re your reportable events and offense history, and in preparing your affirmative showing of rehabilitation. If the license application is sufficiently artful and compelling, you may obtain the license with little or no investigation of the past. But it is equally likely that you will need good legal assistance to prepare you for a more investigative licensing process. Better to be prepared for a fight that does not occur than to be unprepared for one that does. Good luck to you.

Christine McCall is the genius in this area. She is by far the best and most knowledgeable person I know in this field. Listen to her advice which is always spot on. She would be a great attorney for you if she would take your case. Thank you for your service to our country. I wish you all the best. Read her answer and than read it again. Good luck to you. Hope these answers help?