You can get a real estate license in Texas with a felony on your record. The Texas Real Estate Commission (TREC) does not automatically disqualify anyone based on a specific crime or a certain number of convictions; instead, it reviews each applicant individually against a standard of honesty, trustworthiness, and integrity.1Texas Real Estate Commission. What Kind of Criminal Matters Will Prevent an Applicant From Obtaining a Real Estate License The path is real, but it involves extra steps, fees, and disclosure that applicants without a record don’t face.
Request a Fitness Determination Before You Spend a Dime on Courses
The single most important move for an applicant with a felony is to request a Fitness Determination from TREC before enrolling in any real estate coursework. This is a preliminary review: you submit your criminal history and supporting documents, and TREC tells you whether that history would likely block your license.2Texas Real Estate Commission. Fitness Determination Getting an unfavorable answer now can save you thousands of dollars in tuition later.
The fee is $54, which is a $50 base fee plus a $4 online processing charge, and it is nonrefundable.3Texas Real Estate Commission. Fee Schedule Effective December 15, 2025 With the form, submit:
- A complete history of every misdemeanor and felony offense, including deferred adjudications
- Relevant court records for each offense
- A personal statement explaining the circumstances
- Evidence of rehabilitation: completed parole or probation documentation, educational certificates, and letters of support
One caution. The Fitness Determination is based only on what you provide, because TREC does not run a background check at this stage. It is not a guarantee. If you leave something out, or your formal fingerprint check later reveals additional offenses, the preliminary decision won’t protect you.
How TREC Decides
Every applicant must show honesty, trustworthiness, and integrity under the Texas Real Estate License Act (TRELA §1101.354).4Texas Real Estate Commission. Fingerprinting Requirements Real estate agents handle other people’s money and legal documents, so TREC is asking whether a particular conviction suggests the applicant would struggle to represent someone else’s interests honestly.
TREC’s administrative rules identify categories of offenses considered directly related to the duties of a real estate agent.5Legal Information Institute. 22 Texas Admin Code 541-1 – Criminal Offense Guidelines These draw the closest scrutiny:
- Fraud and deception offenses, including forgery, perjury, misrepresentation, and identity theft
- Theft and financial crimes, including embezzlement, bribery, money laundering, and robbery
- Manufacturing or delivering controlled substances
- Repeat DWI convictions
Crimes involving violence or sexual offenses also receive heavy scrutiny, even though they may not seem directly connected to real estate transactions. Convictions that carry sex offender registration face especially steep hurdles.
What Works in Your Favor
Texas Occupations Code §53.023 requires TREC to weigh mitigating factors alongside the offense itself:
- Time elapsed since your last criminal activity. More years between the conviction and your application strengthen your case.
- Your age at the time of the offense. Younger-age offenses carry less weight.
- Work and conduct history. Steady employment before and after the offense signals stability.
- Rehabilitation evidence: completed parole or probation, educational certificates, substance abuse treatment, community involvement.
- Letters of recommendation, especially from prosecutors, law enforcement, or correctional officers who dealt with your case directly.
The statute also requires applicants to show they have maintained a record of good conduct, supported their dependents, and paid all outstanding court costs, fines, supervision fees, and restitution. Unpaid restitution is an easy reason for TREC to flag an application, and it is one of the most fixable problems. Clear that balance before you apply.
Deferred Adjudication Still Counts
If you completed deferred adjudication and were never formally convicted, you might assume TREC won’t hold it against you. That assumption is wrong. TREC’s criminal offense guidelines explicitly treat deferred adjudication the same as a conviction for purposes of evaluating your fitness.5Legal Information Institute. 22 Texas Admin Code 541-1 – Criminal Offense Guidelines You must disclose it, and TREC will evaluate it using the same factors as a conviction.
Expunged or Sealed Records Are Different
If your criminal record has been expunged or sealed through an order of nondisclosure, TREC will not consider that offense. If an expunged offense still shows up on your background check by mistake, provide a copy of the court order and TREC will disregard it.4Texas Real Estate Commission. Fingerprinting Requirements If you are eligible for expunction or nondisclosure, pursuing that remedy before applying can simplify the whole process.
Disclosure and the Background Check
When you submit your formal license application, you must disclose your entire criminal history, even if you already received a favorable Fitness Determination. TREC runs a fingerprint-based background check at this stage, and anything that shows up but wasn’t disclosed creates a serious credibility problem on top of the underlying offense.4Texas Real Estate Commission. Fingerprinting Requirements
If TREC identifies concerns, you’ll be contacted and given a chance to respond with more documentation. Contested cases can go to an Administrative Law Judge, where you can present your case in full. And license holders have their criminal backgrounds rechecked at every renewal, so clearing the initial hurdle doesn’t mean your record stops mattering.
After You’re Licensed: The 30-Day Reporting Rule
Once you hold a license, any new felony conviction, or any criminal offense involving fraud (including misdemeanor fraud), must be reported to TREC within 30 days of the final conviction or guilty plea.6Texas Real Estate Commission. Report Crimes Within 30 Days or Face Penalties The penalty for failing to report ranges from $500 to $3,000 per violation, and TREC has independent authority to suspend or revoke your license for a felony conviction or fraud-related offense under TRELA §1101.652.4Texas Real Estate Commission. Fingerprinting Requirements Missing the 30-day window turns a manageable issue into both a disciplinary and a financial one.