(Jeff Sorg, OnlineEd) – The purpose of the background check is to determine the current fitness of the applicant to receive a broker, principal broker, or property manager license. Having a criminal or otherwise adverse history does not automatically prevent a person from getting a license. The agency advises applicants with adverse history of the following:
- It is important to read all questions carefully before answering. You are responsible for providing complete and accurate information.
- You must submit required documents as requested by the Real Estate Agency. Many applications are delayed in processing because the applicant failed to provide the required attachments, did not thoroughly answer all questions or failed to make full disclosure. Any documents submitted become part of your background check and will not be returned to you. Photocopies of documents are acceptable, but must be legible.
- All felony and misdemeanor convictions must be disclosed. All arrests that have not been adjudicated must be disclosed. Offenses include major traffic violations such as DUI, reckless driving, fleeing from or attempting to elude a police officer, and driving while suspended. “Convictions” include a guilty or “no contest” plea, verdict of guilty by a judge or jury, or a forfeiture of bail. All convictions and arrests must be disclosed whether or not they were later dismissed, whether or not a diversion program completed, and whether or not they occurred when the applicant was a minor. Do not assume that a criminal record does not exist. Criminal information is kept on record for 30 years or more by the Oregon State Police (OSP) and the Federal Bureau of Investigation (FBI).
- You must disclose whether or not you are the subject of administrative proceedings, including investigations, sanctions, hearings or other disciplinary actions by any administrative agency. The Agency processes applicants’ names through a nationwide data bank containing regulatory disciplinary actions.
- You are required to disclose specific civil and financial issues, including any adverse judgments against you related to a real property matter, all unsatisfied judgments or bankruptcies.
- Failure to disclose criminal, civil and administrative proceedings is grounds for denial of a license.
Each application requiring further review is evaluated individually. The Agency will contact an applicant if further information is necessary to complete the review. It is important that any additional information requested by the Agency relating to employment and references be submitted in a timely manner. Positive information concerning the applicant’s employment or business activity since the issues in question may prove crucial in making the determination whether or not a license should be granted.
The law does not list specific criminal offenses or other circumstances that would prevent licensure and agency staff cannot tell individuals whether or not their specific circumstances would prohibit them from obtaining a license without completing the background check application process. If there are questions about the background check process, concerned individuals should call the Oregon Real Estate Agency, Licensing Division at (503) 378-4170.
For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers, visit www.OnlineEd.com.
This article was published on March 10, 2015. All information contained in this posting is deemed correct and current as of this date, but is not guaranteed by the author and may have been obtained by third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.