For real estate professionals in Tustin, a criminal charge can threaten far more than just the immediate legal consequences. The California Department of Real Estate (DRE) has broad authority to investigate licensees who are arrested or convicted of certain offenses, and a conviction—or even just an arrest in some cases—can put your entire livelihood at risk.
Why the DRE Gets Involved
Real estate agents and brokers hold a position of public trust, which is why California law requires licensees to report certain criminal charges to the DRE, sometimes even before a case has been resolved. The DRE can initiate its own disciplinary investigation independent of the criminal court process, and it has the authority to suspend or revoke a license based on convictions for crimes that are "substantially related" to the qualifications, functions, or duties of a real estate licensee.
Which Charges Are Most Likely to Trigger Discipline
While any criminal conviction can potentially draw DRE scrutiny, certain charges are especially likely to result in license action. These include fraud-related offenses, theft crimes, forgery, embezzlement, and any charge involving dishonesty or moral turpitude. Charges related to financial crimes are particularly concerning to the DRE given their direct connection to the fiduciary duties real estate professionals owe their clients. However, even charges seemingly unrelated to real estate work, such as DUI or domestic violence, can sometimes trigger a licensing inquiry depending on the specific circumstances.
The Two-Track Problem: Criminal Court and Licensing Board
One of the most challenging aspects of facing criminal charges as a real estate professional is that you're essentially dealing with two separate proceedings that don't always move in sync. Your criminal case will proceed through the court system on its own timeline, while a separate DRE investigation may be developing simultaneously. Statements made in one proceeding can potentially be used against you in the other, which makes it critical to have legal representation that understands how to navigate both processes without one undermining the other.
Potential Consequences for Your License
Depending on the severity of the charge and the outcome of your case, the DRE may issue anything from a formal reprimand to license suspension or outright revocation. Even if your criminal case results in a favorable outcome—such as a dismissal or reduction to a lesser charge—the DRE may still pursue independent disciplinary action if it believes the underlying conduct reflects poorly on your fitness to hold a license.
Protecting Your License While Defending Your Case
The best defense against licensing consequences often starts with the criminal case itself. Working to have charges reduced, dismissed, or resolved through diversion can significantly improve your position when it comes time to address the matter with the DRE. An attorney experienced in both criminal defense and the intersection with professional licensing can help you build a strategy that protects your freedom and your career simultaneously.
Contact Law Office of Michael L. Fell for Help
If you're a real estate professional in Tustin facing criminal charges, don't wait to get experienced legal help. Law Office of Michael L. Fell understands what's at stake for your license and your future. Call (949) 585-9055 today to discuss your case.