Legal Question in Real Estate Law in Illinois

I am applying for my real estate broker license (taking exam tomorrow). I have two previous convictions on my record, one misdemeanor marijuana possession(expungable) and one felony conviction of controlled substance (permanent). Both are over a decade old and a few years apart. I understand I need to submit a formal application of both offenses and explanation. Will this keep me from getting my broker license (assuming I pass the exam of course). Also, when I submit application will I need documentation from the actual court clerks offices? Thank you for the help.


Asked on 1/26/17, 12:53 pm

1 Answer from Attorneys

A little late in the game to start thinking about this, insufficient information, and you should really read the Real Estate License Act if you plan on being a broker. To become a licensee you must be of "good moral character" (Act Sec 5-5). What constitutes "good moral character" is generally defined in Section 5-25 but it refers to Section 20-20, which is a laundry list of no-nos that can prevent licensing or if you are licensed result in discipline including non-renewal. No-no (42) is the ONLY direct reference to drug issues, and then only if habitual use results in your inability to practice with "reasonable skill or safety". Recently (per the department website) a licensee was granted a probationary license (1 year probation) due to a drug conviction. But what kind of conviction will matter - possession, dealing -- repeated.... But if you don't come clean and they find out you can be denied for being dishonest - and honesty is VERY important to them as almost all of the rules relate to honesty one way or the other. Should be be a complete death knell? No way to tell for sure.

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Answered on 1/26/17, 1:13 pm


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