Yes, it is possible to become a real estate agent with a criminal record. However, your career prospects may be limited, depending on the nature and recency of convictions.
Where the path to becoming a real estate agent will generally involve obtaining the necessary qualifications and experience, those with a history of criminal activity may face additional hurdles. That being said – if you’re serious about your career as an agent, it shouldn’t stop you from going after this career pathway.
Is a criminal history check part of obtaining a real estate licence?
Yes — real estate licence applicants will generally be required to undergo a National Police Check as part of the registration process. A National Police Check is required to ensure that licensed real estate agents meet a minimum level of character — this not only provides greater assurance to clients and agencies but also helps to uphold a reputation across the industry.
Honesty and transparency are two of the biggest pillars in real estate – after all, we’re talking about property transactions and large sums of money. That’s not to say that honesty and transparency are immediately ruled out if you have a criminal record, but the nature of the crimes committed can have an impact on perceived values of a person.
State-by-state real estate registration requirements for those with criminal history
Each state and territory in Australia has specific requirements for the real estate agent licensing process for applicants with a criminal history.
New South Wales
In NSW, the registration of new real estate agents is governed by NSW Fair Trading. There will be checks (financial and police checks) to determine history and character. Applicants with a criminal history may be refused a real estate licence or certificate of registration if they are not found to be a ‘fit and proper’ person. ‘Fit and proper’ refers to:
- individuals that have not been found guilty of an offence involving fraud or dishonesty in the last 10 years, and are not currently facing a charges for such an offence
- individuals that have not been convicted of an offence under the Property and Stock Agents Act 2002, the regulations, or another Act administered by the Minister for Fair Trading
- individuals who do not have regular associations with criminal organisations.
This disqualification applies to applicants who have a criminal conviction involving dishonesty in the last 10 years, or a conviction involving the transfer of a real estate licence to someone else in the last 5 years.
Applicants with other convictions will be assessed on a case-by-case basis, but serious offences such as violence or fraud will generally result in an automatic rejection.
Victoria
In Victoria, the Business Licensing Authority is in charge of issuing real estate agent licences. Applicants must declare any criminal convictions as part of the application.
If applicants have a criminal history within the last 10 years of fraud, dishonesty, drug trafficking or violence punishable by 3 months or more in prison, they must apply for permission to be employed as an agent’s representative or to hold an estate agent’s licence.
Most offences involving dishonesty will usually result in a permanent disqualification, but each case is reviewed on a case-by-case basis.
Queensland
Real estate licensing is overseen by the Office of Fair Trading in QLD. Applicants will be subject to a criminal check during the application process.
Applicants are considered unfit to hold a real estate agent licence if they have a criminal conviction of a serious offence (punishable by 3 or more years in prison) in the last 5 years. Other criminal offences will still be taken into consideration for the application.
South Australia
The Consumer and Business Services in South Australia requires all real estate agent licence applicants to submit a recent National Police Certificate (NPC) (at least 12 months old) as part of a criminal check.
Applicants will be denied registration if they have been convicted of an indictable or summary offence involving dishonesty within the past 10 years. Minor offences not involving dishonesty may not prevent applications from going through.
Western Australia
In WA, the Department of Energy, Mines, Industry Regulation and Safety requires applicants to be of good character and repute, as well as being a fit and proper person to hold a licence. Applicants must submit an Australian police check that is at least 3 months old, which will be assessed to determine their suitability to hold a real estate licence. Serious offences result in a higher likelihood of the application being rejected.
Tasmania
The Property Agents Board is the authority for property agents in Tasmania. All applications made to obtain a property licence will require applicants to submit a National Police Certificate.
The Property Agents Board takes into account the number, nature, and seriousness of any offences into account when determining whether applicants are eligible for a licence. Offences involving dishonesty such as fraud are most likely to prevent applicants from obtaining a licence.
Australian Capital Territory
In the ACT, applicants are required to undergo a criminal check. Convictions for serious offenses (especially fraud or violence) will be closely assessed, and such convictions may result in disqualification.
Northern Territory
Licensing NT requires applicants to declare their criminal history by submitting a police history check. Similar to other states, serious offences that involve prison sentences are likely to result in rejection.
How long after a conviction can you apply for a real estate licence?
Under the Commonwealth Spent Convictions Scheme, individuals will not need to disclose their prior criminal history if they meet the requirements of a ‘spent conviction’. Convictions are considered to be spent if:
- A period of 10 years has passed since the conviction (5 years if the conviction was applied to you as a child)
- There were no repeat offences during the 10 (or 5 year) period
- The conviction did not involve imprisonment, or if the period of imprisonment was less than 30 months
- No other statutory or prescribed exclusion applies to the conviction
This means that if your conviction was at least 10 years and meets the above criteria, it will not appear on a criminal history check as part of the real estate licence application. Of course, it’s not necessary to wait for this entire period — if you have a minor conviction that is not likely to affect your eligibility to be licensed, you can still apply at your own discretion.
