Can You Get a NJ Real Estate License With a Criminal Record?
The short answer: Often, yes, but it depends on the offense and how long ago it happened. New Jersey law bars a license for five years after a conviction for forgery, burglary, robbery, any theft offense other than shoplifting, criminal conspiracy to defraud, or a like offense, and it bars anyone convicted of a sex offense that requires registration (N.J.S.A. 45:15-12.1). Other records are weighed case by case under the good-character standard (NJREC notice).
Only the Real Estate Commission can tell you how your own record will be treated. If you have any doubt, call NJREC at (609) 292-7272 before you spend money on a course or sit for the exam.
What does New Jersey law actually say?
Two statutes do most of the work. Here's how they line up:
| Situation | What the law says | Source |
|---|---|---|
| Conviction for forgery, burglary, robbery, theft (other than shoplifting), criminal conspiracy to defraud, or a like offense within five years | No license may be issued | N.J.S.A. 45:15-12.1 |
| Conviction for a sex offense that qualifies for registration under N.J.S.A. 2C:7-2 (or an equivalent law elsewhere) | No license may be issued or renewed | N.J.S.A. 45:15-12.1 |
| Shoplifting or other offenses, or the offenses above if more than five years ago | May be grounds for denial | NJREC notice, citing N.J.S.A. 45:15-9 |
| Loss of a real estate or other professional license for cause | May be grounds for denial | NJREC notice |
The key word in the last two rows is "may." Those situations aren't automatic bars. They're things the Commission looks at.
What is the "good character" standard?
The licensing statute says every applicant "shall furnish evidence of good moral character," and lets the Commission investigate and require whatever proof it considers proper about an applicant's "honesty, trustworthiness, character and integrity" (N.J.S.A. 45:15-9).
In practice, NJREC says it "considers the date and nature of all convictions and other indicia of the applicant's character, honesty, trustworthiness and integrity" (NJREC notice). So two people with the same offense can get different results depending on when it happened and what else the record shows.
Does New Jersey consider rehabilitation?
New Jersey has a general law on licensing and criminal records, the Rehabilitated Convicted Offenders Act. It says a state licensing authority generally can't disqualify an applicant just for a conviction unless certain exceptions apply or the crime "relates adversely" to the profession. When an authority decides a crime does relate adversely, it must explain in writing how factors like these apply (N.J.S.A. 2A:168A-2):
- The nature and duties of the occupation
- The nature and seriousness of the crime, and the circumstances
- The date of the crime and your age at the time
- Whether it was an isolated or repeated incident
- Social conditions that may have contributed
- Evidence of rehabilitation, such as good conduct, counseling or treatment, further schooling, work-release participation, or recommendations from supervisors
How that general law interacts with the real estate statute's five-year bar in a particular case is a legal question. Ask NJREC, or a lawyer, about your situation.
When will you be asked about your record?
At the PSI exam. After you finish the 75-hour course, you answer "screening questions" about your qualifications for a license, including your criminal history (NJREC screening notice). Here's what happens next:
- If you pass, you sign a form that shows your screening answers and certifies they're true. That form becomes part of your license application.
- If an answer raises a concern, you get the chance to submit a full written explanation.
- If an answer is false, that's grounds for denial, for suspension or revocation of any license issued, and for substantial fines (N.J.S.A. 45:15-17(n)).
NJREC's advice is direct: call the Commission at 609-292-7272 between 8:30 a.m. and 4:30 p.m. before the exam if you're unsure how to answer, and "err on the side of disclosure" (NJREC screening notice).
How does the background check work?
Every license applicant must submit fingerprints and written consent to a criminal history check. The Commission can get records from the State Police and the FBI, and the applicant pays for the check (N.J.S.A. 45:15-9). Fingerprinting is done by Live Scan through the state vendor, IDEMIA, and you can challenge or correct your FBI record under 28 CFR 16.34 (NJREC fingerprinting). Our fingerprinting and background check guide covers the steps and the fee.
The check doesn't end at licensure. The State Police must notify the Commission if someone who went through the check is later arrested in New Jersey (N.J.S.A. 45:15-9).
What about pending charges or an expunged record?
The NJREC notices and statutes cited here don't address pending charges or expungements directly. The five-year bar is written in terms of convictions. Because the screening questions ask about criminal history, this is exactly the kind of question to bring to NJREC at (609) 292-7272 before you test.
What if you're arrested after you're licensed?
Licensees must notify the Commission in writing within 30 days of any arrest, indictment or conviction, and failing to do so carries penalties (N.J.S.A. 45:15-17(s)). NJREC also notes that N.J.S.A. 45:15-19.1 requires revocation after conviction for certain offenses, including theft, and 45:15-19.2 allows suspension after indictment for certain crimes (NJREC FAQ).
What should you do before you enroll?
- Gather your records. Get the offense, the date and the outcome for anything on your record.
- Call NJREC at (609) 292-7272 and describe your situation.
- Answer the screening questions truthfully at the exam.
- Be ready to write an explanation if the Commission asks for one.
- Talk to a lawyer if your situation is complicated.
For the rest of the eligibility rules (age, education, the exam), see our guide to NJ real estate license requirements. The NJ Real Estate Commission guide explains who makes these decisions, and the licensing hub shows the full process.
This page is general information, not legal advice. Once you've confirmed you're eligible, Business Elementary's 75-hour pre-licensing course is the first step.
Sources
- N.J.S.A. 45:15-12.1, Bars to issuance of license (via Justia): https://law.justia.com/codes/new-jersey/title-45/section-45-15-12-1/
- N.J.S.A. 45:15-9, Real estate licenses (via Justia): https://law.justia.com/codes/new-jersey/title-45/section-45-15-9/
- N.J.S.A. 2A:168A-2, Rehabilitated Convicted Offenders Act (via Justia): https://law.justia.com/codes/new-jersey/title-2a/section-2a-168a-2/
- NJREC, Notice: Character-based Qualifications for Real Estate Licensure: https://www.nj.gov/dobi/division_rec/licensing/reclicqual.htm
- NJREC, Notice: Character-based License Examination Screening Questions: https://nj.gov/dobi/division_rec/licensing/reclicexam.htm
- NJREC, License Candidate Fingerprinting: https://nj.gov/dobi/division_rec/licensing/fingerprint.html
- NJREC, Real Estate FAQs (Compliance Q3): https://www.nj.gov/dobi/division_rec/recfaqs.htm
Last reviewed: October 27, 2026
Related guides:
- Already licensed? See Reporting an Arrest or Conviction to the NJ Real Estate Commission for what triggers the 30-day notice and what can happen next.
Frequently Asked Questions
Which convictions automatically bar a NJ real estate license?
Forgery, burglary, robbery, theft offenses other than shoplifting, criminal conspiracy to defraud, and like offenses within the past five years. A sex offense that requires registration bars a license from being issued or renewed (N.J.S.A. 45:15-12.1).
Does a shoplifting conviction disqualify me?
Not automatically. NJREC says shoplifting and other offenses may be grounds for denial and are weighed with the date and nature of the conviction (NJREC notice).
What happens if I give a wrong answer on a screening question?
False information is grounds for denial, for suspension or revocation of a license, and for substantial fines under N.J.S.A. 45:15-17(n) (NJREC screening notice).
Who should I call about my record before the exam?
The NJ Real Estate Commission at (609) 292-7272, 8:30 a.m. to 4:30 p.m. NJREC asks candidates to call before taking the exam (NJREC screening notice).
Do licensed agents have to report new arrests?
Yes. Notify the Commission in writing within 30 days of any arrest, indictment or conviction (N.J.S.A. 45:15-17(s)) (NJREC FAQ).