The Short Answer
Yes, but not automatically. In New York, a felony conviction disqualifies you from a real estate license unless you have an executive pardon, a Certificate of Relief from Disabilities, or a Certificate of Good Conduct. Misdemeanors don't automatically disqualify you, but the Department of State reviews every conviction you disclose. Many people with records do get licensed.
Felony vs. Misdemeanor: What's the Difference?
| Your Record | Can You Get Licensed? |
|---|---|
| Felony, no certificate or pardon | No. You must get a certificate or pardon first. |
| Felony, with a certificate or pardon | Yes, you can apply. The Department of State still reviews your application. |
| Misdemeanor only | Yes, you can apply. Your conviction is reviewed as part of the application. |
| Pending charges | You must disclose them. The Department of State may wait for the outcome. |
The Two Certificates That Restore Eligibility
Certificate of Relief from Disabilities
Who it's for: People with no more than one felony conviction. Multiple felonies from the same court on the same day count as one.
Where to apply: Usually the court that sentenced you. If you served state prison time, apply through the Department of Corrections and Community Supervision (DOCCS).
Waiting period: It can be issued at sentencing or any time after.
Certificate of Good Conduct
Who it's for: People with two or more separate felony convictions, or anyone not eligible for a Certificate of Relief.
Where to apply: DOCCS.
Waiting period: A period of good conduct is required first: 5 years for Class A or B felonies, and 3 years for Class C, D, or E felonies.
Steps to Get Licensed With a Record
1. Get your certificate first, if you have a felony. Without it, your application will be denied. See the DOCCS certificates page.
2. Gather your documents. Collect your certificate of disposition for each conviction, your certificate or pardon, and proof of rehabilitation, like employment records, education, and reference letters.
3. Complete the 77-hour course and pass the exams. Your record doesn't affect your ability to take the course or the state exam.
4. Disclose everything on your application. The application asks about convictions, pending charges, and past license denials. Answer truthfully and include your documents. False answers are a common reason licenses are denied or later revoked.
5. Talk to your sponsoring broker early. Being upfront with brokers you interview builds trust and avoids surprises.
Outside New York? Every state sets its own rules for real estate licensing and criminal records. Check with your state's real estate commission. This guide covers New York only and isn't legal advice. If your situation is complicated, a legal aid organization or reentry attorney can help you with the certificate process.
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See the 77-Hour Course Call 518-855-3680Frequently Asked Questions
Can a felon be a real estate agent in New York?
Yes, with an executive pardon, a Certificate of Relief from Disabilities, or a Certificate of Good Conduct. Without one of these, a felony conviction disqualifies you from a New York real estate license.
Does a misdemeanor stop me from getting a real estate license?
Not automatically. You must disclose it, and the Department of State reviews it with the rest of your application.
Can I take the real estate course with a felony?
Yes. Your record doesn't prevent you from taking the 77-hour course or the state exam. It matters when you apply for the license itself, so it's smart to start your certificate application early.
What if I don't disclose my conviction?
Don't risk it. Leaving a conviction off your application can lead to denial, or to revocation if it's discovered after you're licensed. Disclosing it with the right documents is the safest path.