You can get a Texas real estate license with a criminal record. The Texas Real Estate Commission (TREC) does not run a pass-fail screen on past convictions; it reviews each applicant individually, weighing what the offense was, how long ago it happened, and what you’ve done since. Plenty of people with records have been licensed. The process just takes more preparation than it does for someone with a clean history.
How TREC Looks at a Criminal Record
TREC measures applicants against a standard of “honesty, trustworthiness, and integrity.” Agents handle other people’s money and major financial decisions, and the commission wants confidence that a licensee won’t repeat dishonest or harmful conduct.1Legal Information Institute. 22 Texas Admin Code 541.1 – Criminal Offense Guidelines
Certain offenses are treated as directly related to the duties of a real estate agent and will draw the closest scrutiny:
- Fraud, misrepresentation, forgery, falsified records, and perjury
- Bribery, kickbacks, and other unlawful compensation
- Crimes against another person’s property, crimes against individuals, and unauthorized sale or transfer of someone else’s property
- Offenses against public administration, such as obstruction or official misconduct
- Crimes of moral turpitude, including theft and embezzlement
- Any offense under Chapter 21 of the Texas Penal Code, or any offense requiring sex offender registration
- Felony manufacture or delivery of a controlled substance
- Felony DWI or DUI
- A pattern of repeat criminal conduct, under one statute or several
- Attempt, conspiracy, or aiding any of the above
Being in one of these categories does not guarantee denial. It just means TREC will look closely, and your rehabilitation evidence has to carry more weight.1Legal Information Institute. 22 Texas Admin Code 541.1 – Criminal Offense Guidelines
Deferred Adjudication and Class C Misdemeanors
A common mistake: assuming deferred adjudication doesn’t count because the case was dismissed. Under Texas Occupations Code Chapter 53, deferred adjudication can be treated as a conviction for licensing purposes, and you must disclose it. Omitting it looks like concealment, which is the fastest way to fail the honesty standard TREC is measuring.
There is a narrow exception. If you pleaded guilty or no contest, the judge deferred proceedings without entering a conviction, you completed supervision, and the case was dismissed, a licensing authority generally cannot hold the offense against you. TREC can still consider it where it decides you might pose a safety risk or that a license could give you a chance to repeat the same conduct. The override also applies to any charge requiring sex offender registration and to offenses where supervision isn’t finished or finished less than five years before your application date.
Class C misdemeanors, the lowest tier, generally cannot be used to deny a license. The only exception is a domestic violence misdemeanor where the license authorizes possessing a firearm, which a real estate license does not. For most TREC applicants, Class C misdemeanors are not a problem.
Request a Fitness Determination Before You Pay for School
Texas requires 180 hours of pre-licensing coursework, and that is a lot of money and time to spend before learning whether your record will block you. TREC lets you ask for a Fitness Determination first. It’s essentially a preliminary ruling on whether your history will stand in the way of licensure, and the fee is listed on TREC’s fee schedule.2Texas Real Estate Commission. Will Your Criminal Record or Disciplinary History Keep You from Getting Licensed
The request needs a complete and honest account of every offense, including misdemeanors and deferred adjudications, along with the official court documents for each: charging document, judgment, and proof you completed your sentence or supervision. Pulling court records can take weeks depending on the county, so start early.
After TREC receives everything and investigates, it has 30 days to notify you of its decision once the review is complete.3Texas Real Estate Commission. What Is the Estimated Time Frame to Process a Fitness Determination That 30-day clock starts when the review wraps, not when your paperwork lands, so the total wait can be longer if TREC asks for more information.
A favorable determination is not an automatic approval of a later application, but it tells you the commission has already looked at your record and found it acceptable in principle.
What Strengthens Your Case
When your record triggers a closer look, Texas law lists the factors TREC must weigh:
- How much time has passed since the last criminal activity
- The nature and extent of the offenses, including whether there’s a pattern
- Your age at the time of the offense
- Your work and conduct history before and after
- Rehabilitation evidence, such as treatment programs or educational achievements
- Compliance with parole, probation, community supervision, or mandatory supervision conditions
- Letters of recommendation from employers, community leaders, law enforcement, or correctional officers
The law also requires you to show that all outstanding court costs, supervision fees, fines, and restitution have been paid. Walking in with unpaid obligations undercuts the responsibility story you’re trying to tell.4State of Texas. Texas Occupations Code 53.023 – Additional Factors for Licensing Authority to Consider
Gathering this evidence is on you, not TREC. A letter from a parole officer noting early release for good behavior, an employment record showing steady advancement, or a certificate from a treatment program you completed voluntarily all carry more weight than a general promise to do better. Pair a clear personal account of what happened and what has changed with documentation that supports every part of it.
If TREC Denies Your Application
A denial is not the end of the road. TREC has to notify you in writing, and you have the right to request a hearing under the procedures in the Texas Real Estate License Act and TREC’s own rules.5Texas Real Estate Commission. TREC Rules – Section 535.54 Hearing on License Denial
One outcome worth knowing about is a probationary license. Instead of a flat denial, TREC can issue a license with conditions attached: added education in specific subjects, limits on the types of brokerage work you can perform, regular reporting to the commission, and full cooperation with any complaint investigations. You can work under a probationary license, and the conditions lift when the probationary period ends.5Texas Real Estate Commission. TREC Rules – Section 535.54 Hearing on License Denial
If the hearing goes against you, you can seek judicial review by filing a petition in court within 30 days of TREC’s final decision. It’s slower and more expensive, but the option exists.
Disclose Everything
This is where applications most often fall apart. TREC’s whole evaluation turns on whether you can be trusted. Leaving an offense off the form, downplaying what happened, or hoping a deferred adjudication won’t surface in the background check does the one thing most likely to sink the application. The fingerprint-based background check will find your record, and the gap between what you disclosed and what TREC discovers becomes its own evidence against you.
Full transparency is the single most effective strategy for applicants with criminal records. Acknowledge the offense, explain what has changed, and back it up with documentation. TREC isn’t looking for a spotless history. It’s looking for people who have moved past their mistakes and can be trusted with clients’ money and property.