Can Nevada real estate agents keep their license if they get a DUI?

Posted by Neil Shouse | Mar 11, 2018 | 0 Comments

Yes. Getting a DUI conviction should not jeopardize a Nevada real estate agent's occupational license.

When people apply to be real estate agents in Nevada, they are required to disclose whether they have ever been convicted of a felony, which includes:

And once people get their real estate license, they are required to notify Nevada's Real Estate Division of the Department of Business and Industry when they get convicted of certain offenses. But these offenses do not include DUIs.

Even though DUI convictions do not threaten a Nevada real estate agent's occupational license, the agent is still advised to hire an attorney to try to get the DUI charges reduced to reckless driving or dismissed.

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Getting a DUI should not jeopardize a real estate agent's occupational licence...but it could turn off potential employers.

DUIs look bad on background checks, and potential employers may pass job applicants over for jobs if they have past drunk driving incidents. And current employers may have an internal policy of firing employees who pick up a DUI.

Furthermore, people arrested for just a first-time DUI face a driver's license revocation of 185 days. This can greatly impede a real estate agent's livelihood since a large part of the job involves driving between different properties. (See our article about getting a restricted driver's license in Nevada.)

Real estate agents who have already been convicted of misdemeanor DUI convictions are encouraged to try to get their Nevada criminal record sealed. Misdemeanor DUIs (which usually comprise first-time DUIs and second-time DUIs) may be sealed seven (7) years after the case closes. Unfortunately, Nevada felony DUI convictions may never be sealed.

Legal References:

NRS 645.350 Application: Form and contents.

      2. Every application for a real estate broker's, broker-salesperson's or salesperson's license must set forth the following information:

...  (f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty, guilty but mentally ill or nolo contendere to a charge of felony and, if so, the nature of the felony.

NRS 645.615 Duty to report certain convictions and pleas to Division.

      1. A licensee, property manager or owner-developer shall notify the Division in writing if he or she is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to:

      (a) A felony relating to the practice of the licensee, property manager or owner-developer; or

      (b) Any crime involving fraud, deceit, misrepresentation or moral turpitude.

      2. A licensee, property manager or owner-developer shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere; and

      (b) When submitting an application to renew a license, permit or registration issued pursuant to this chapter.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.


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