Can I apply for my real estate license with the possibility of an arrest when I was under age?
I stole a bottle of liquor from a store. the hidden sherrif caught me before I left the building and was taken down to the staTion but my mom picked me up and I was under age I think at the time. I dont think I was booked or anything but the real estate application has a phrase including any disclipinary action and I feel like that might have been disclipinary action that may disqualify me. should I disclose?
Nathan’s Answer
Many state license applications have information or guide sheets for help in filling out the application that state something like the following:
Convictions occurring while your were a minor (under 18 years of age) must be disclosed unless the record of the conviction has been sealed under Section 1203.45 of the California Penal Code or Section 781 of the California Welfare and Institutions Code.
It is not clear if you were ever convicted, or if you were, whether the conviction was sealed. This language focuses on actual convictions.
As to disciplinary action, the Bureau of Real Estate (formerly known as the Department of Real Estate) says the following on their website:
"Failure to disclose any criminal violation or disciplinary action in an applicant's entire history may also result in the denial of a license." http://www.dre.ca.gov/Examinees/RequirementsSales.html (accessed 10/6/14)
A juvenile detention or adjudication may be interpreted as a disciplinary action, but as pointed out, typically it is not. That is why it is advised that you speak with qualified counsel who can assess the facts behind the juvenile incident, and inspect records and obtain facts that would help in making an accurate determination on whether disclosure is required or not.
The following might be helpful to give you an idea of the lay of the land regarding convictions and disciplinary action as generally viewed by the Bureau:
http://www.dre.ca.gov/files/pdf/forms/re229.pdf
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