If you want to be a New Jersey real estate broker or salesperson, then it is important that you understand how criminal convictions can affect both obtaining and keeping your license. If there is a criminal conviction on your record, then an expungement might help you get, keep, or restore your license. All licenses are issued and monitored by the New Jersey Real Estate Commission.
The New Jersey Real Estate Commission follows several rules and regulations to determine who can be a licensed real estate broker or salesperson. If you have a criminal conviction on your record, then that can prevent you from getting your license. This article will explain what expungements are and how they operate. This article will also discuss which types of crimes can stop you from getting your real estate salesperson license in New Jersey.
What Is an Expungement?
If you have a criminal conviction and want it removed from your record, then expungement might be an option. In New Jersey, if you want to have a criminal offense taken off of your record, then you can ask the court for an expungement. Make sure you are eligible for an expungement before you apply, or else your petition will be denied by the court.
2021 was a year of change in expungement laws in many states across the country. New Jersey enacted several new expungement laws, including the ability to get an expungement:
- For individuals that have multiple convictions
- Once five years have passed instead of six years
- For marijuana-related convictions without any waiting period
Several other new expungement laws may apply. If you are interested in an expungement, then make sure to discuss the possibility with an experienced criminal defense attorney.
What Are the Reasons That the Commission May Deny a Real Estate License?
The New Jersey Real Estate Commission follows specific rules and regulations when dealing with any licensed real estate broker, salesperson, or anyone seeking a license. The rules and regulations that the Real Estate Commission follows can be found within the New Jersey Administrative Code at Title 11, Chapter 5. The Commission refers to these rules when deciding whether to issue a real estate license.
The Real Estate Commission follows the rules set in the New Jersey Revised Code. Title 45:15 says that if you have been convicted of a crime involving moral turpitude, then the Commission can refuse to issue or suspend or revoke your license. If you want to be able to work as a real estate salesperson or broker, then an expungement may help you earn your license to practice.
Expungement Process in New Jersey
The first step in the expungement process is to file an expungement petition. This petition must include several pieces of information, including:
- Your birthdate
- The date you were arrested
- Any applicable state laws
- Any applicable case numbers
- The date you were convicted
- The final sentence of the court
- An affidavit that states that you are not currently facing criminal charges
Having an experienced attorney help you with your expungement will be your best move, and the following provides an overview of what is expected when seeking a New Jersey expungement. Early in the process, your expungement petition to the court must be filed with the court that has your most recent conviction. If you do not, then your petition will be denied. A hearing date will be scheduled once you submit your expungement petition to the court. If there are no objections from the prosecutor, then you may not have to attend your hearing in person. If there are objections, then you must go and address them in front of a judge at your hearing.
If your expungement request is granted, then you will get a signed order in the mail confirming the court expunging your conviction. You must give this to the appropriate government agencies so that they can erase your conviction from public criminal records. Your convictions will remain on public criminal record databases until you have given them your expungement order.
What Are the Benefits of Getting an Expungement?
Getting an expungement can come with several collateral benefits, such as restoring your gun rights and allowing you to seek federal financial assistance. One major benefit of an expungement is that you may not have to disclose the prior case or the expungement to the New Jersey Real Estate Commission. Under New Jersey Statute 2C:52-27, an individual is not required to disclose an expunged record under most circumstances to a professional licensing board or commission. An expungement of your prior criminal history can help you obtain your New Jersey real estate broker or salesperson license.
What Are Some Reasons Why an Expungement Will Be Denied?
The court can deny an expungement for many reasons. One of the most common reasons is ineligibility. There are several criminal convictions that simply cannot be expunged under state law. Criminal offenses that cannot be expunged include:
- Homicide
- Robbery
- Drunk driving
- Sexual assault
- Arson
There are many other convictions that cannot be expunged, so it is important to ensure your eligibility before you file your expungement petition. It is your responsibility (or the responsibility of your attorney) to correctly and completely prepare and submit your expungement petition to the court. You only get one chance to apply for an expungement, so it is imperative that you do it correctly. If you have questions about how an expungement might help you get your real estate license, then call us so we can help!
Why Hiring Lento Law Firm Is the Right Choice
If you want to be a licensed real estate broker or salesperson in New Jersey, then don't let a criminal conviction prevent your goals from becoming a reality. Having an experienced expungement attorney on your side can help prevent making common mistakes that prevent expungements. Call the Lento Law Firm today at 888-535-3686 to learn why hiring attorney Joeph D. Lento is the right choice to help you prepare and file your expungement application. You can also contact us online.
