If you are convicted of a DUI in Arizona, the penalties can be quite severe. Unfortunately, the consequences of that conviction can continue to affect other areas of your life, even after you have completed all sentencing and other requirements. From increased auto insurance rates and stress added to close personal relationships to losing scholarships and facing potential civil lawsuits, the ramifications of a DUI conviction can be far-reaching.
Many people convicted of a DUI also find that their current employment or future employment prospects may be in jeopardy. This is certainly a concern if you are an Arizona licensed real estate agent or were in the process of becoming one. Any profession requiring a professional license can be affected, but the information here specifically addresses the impact a DUI conviction can have on practicing real estate in the state of Arizona.
The good news is that being convicted of a DUI does not necessarily mean that your real estate career is over. There are many Arizona real estate agents with DUI's who continue to sell properties and have very lucrative careers. However, every circumstance is different. If you find yourself facing a DUI conviction or already have one on your record, you will want to consult with an experienced DUI attorney.
In Arizona, all real estate brokers and agents are licensed through the Arizona Department of Real Estate (ADRE). Anyone looking to renew or apply for a real estate license in the state is required to have a valid fingerprint clearance card on file with the Arizona Department of Public Safety (DPS). To do so, a person must submit to a background check, which will include an applicant's criminal history. It is important to remember that having a DUI conviction show up on that background check (and it will) does not necessarily keep someone from obtaining their clearance card.
In addition to the background check clearance, all potential licensed brokers or agents in Arizona are required by law to report any previous misdemeanor or felony DUI convictions to the ADRE. If you are already a licensed real estate broker or agent, you must follow the reporting requirements set forth by the ADRE.
In Arizona, all real estate brokers and agents are licensed through the Arizona Department of Real Estate (ADRE). Anyone looking to renew or apply for a real estate license in the state is required to have a valid fingerprint clearance card on file with the Arizona Department of Public Safety (DPS). To do so, a person must submit to a background check, which will include an applicant's criminal history. It is important to remember that having a DUI conviction show up on that background check (and it will) does not necessarily keep someone from obtaining their clearance card.
In addition to the background check clearance, all potential licensed brokers or agents in Arizona are required by law to report any previous misdemeanor or felony DUI convictions to the ADRE. If you are already a licensed real estate broker or agent, you must follow the reporting requirements set forth by the ADRE.
In order to obtain or renew a real estate license in the state of Arizona:
To keep real estate professionals who had been convicted of a DUI from driving with clients, Arizona used to require a driving notification restriction to be added to a fingerprint clearance card. However, this law was changed, and now most real estate professionals are excluded from this requirement. There are some real estate professionals, for example, those who work for particular government agencies, who must still adhere to this restriction.
It is most important to understand that the reporting requirements are different depending on whether you have been arrested or charged with a DUI, or if you have been convicted of a DUI. If you have been arrested or charged with a DUI, you do not have to report the incident to the ADRE. It is only when you have been convicted of DUI that you are required, in writing, to inform the ADRE within ten days.
If you are currently renewing your Arizona real estate license, you would have to disclose that information anyway on the Disciplinary Actions Disclosure Form. The ADRE may require that you submit additional documentation for their review. It would be wise to have an attorney review any information you provide before submitting it.
It is quite possible that your Arizona real estate license will remain intact after disclosing a DUI. However, your license will not be renewed by ADRE if you are incarcerated and have been convicted of a felony, are under community supervision, or are on parole.
Yes. A background check will include a history of crimes committed outside of the state of Arizona, so it is important to disclose those as well. Failure to do so could, at the very least, leave you in poor standing with the ADRE. Any criminal conviction (even those that are not a DUI) is reviewed by the ADRE and can affect your license's status. This includes any professional licenses that may have been issued in other states as well.
The ADRE is very specific about the information they request to review your continued eligibility to hold a license. When a licensed real estate professional reports a conviction, they must include supporting documentation. That information must include:
In addition to the information above, all applicants for an Arizona real estate license must provide a written and signed statement detailing the circumstances surrounding every conviction they have had. They must also provide a court record or police report and written references from three separate individuals they have known for at least three years. Applicants must also submit their ten-year work history and a complete set of fingerprints.
Getting your Arizona Real Estate License back may be possible under certain circumstances. Anyone hoping to do so must complete an Arizona License Reinstatement Form (LI-207). This form is required for anyone whose license is “currently suspended, canceled, or terminated by law or a Consent Order, Commissioner’s Final Order or Order of Summary Suspension issued by the Arizona Department of Real Estate (ADRE).” All eligibility requirements listed under Arizona Revised Statute ARS § 32-2131 must be met for reinstatement to occur.
A DUI conviction does not automatically lead to the denial or cancellation of a real estate license in Arizona. However, it is worth remembering that even if your license is retained, there can be negative repercussions that make it more challenging to practice your profession. It is essential for anyone charged with an Arizona DUI to research their specific circumstances and get the professional help of an experienced attorney.