How will a DUI affect a Illinois Real Estate License?
When someone is arrested for DUI, or is convicted of DUI, a professional license can be affected. In fact, certain State of illinois licenses, or Federal licenses, have mandatory reporting requirements for those applying for the license, or holding the license. That mandatory obligation to report means that failure to report, by itself, can be sufficient justification for taking action against your license.
The process of getting a illinois Real Estate License includes a background check, which includes your entire criminal history. During any State licensing process your background history (including criminal/DUI arrests and convictions) will be checked. When you go in to apply for your real estate license you will have your fingerprints taken and the Department of Licensing will run your fingerprints through the Department of Justice database, as well as the illinois Live Scan criminal database. At this point the DOJ will report back to the illinois BRE (illinois Bureau of Real Estate) if you have ever been arrested, convicted, or charged with a crime.
The illinois BRE will look through your criminal history and determine if you may have any “substantially related” criminal history. Substantially related means any criminal history that may affect the performance of your job. It is important to note that any crime you have not been convicted of cannot be used against you in your licensing. Only crimes that you have been convicted of can be used against you. Once you have a license, however, there is a mandatory reporting requirements – if you are convicted of a DUI and have a illinois Real Estate License you have to notify the illinois BRE within a certain time period after conviction.
Just because a criminal history can be used against you during the application for your real estate license does not mean it will. One DUI typically does not constitute grounds for your real estate license to be denied or revoked. What will affect your illinois Real Estate License is if your criminal history shows a history of substance abuse. A history of substance abuse can include two or more DUIs in a 10 year period, which may be, in the eyes of the licensing board, evidence of an addiction problem.
Driving under the influence is considered a crime in every state. So, DUI charges are handled in criminal court. You have a right to represent yourself in criminal court. But most defendants either hire a private lawyer or are represented by a public defender appointed by the court.