Dolgetta Law

Can a Convicted Felon Regain a Real Estate License?

Real Property Law Section 440-a. provides that a person cannot obtain a license as a real estate salesperson or broker if that person was convicted of a felony and has not subsequently received an executive pardon, a Certificate of Relief from Disabilities or a Certificate of Good Conduct. What, then, are the realistic possibilities that an individual once convicted of a felony can regain a license to act as a salesperson or licensed real estate broker?

Nature of the Conviction

Section 440-a. of the Real Property Law does not differentiate between types of felony convictions. Section 440-a. states in relevant part:

“No person shall be entitled to a license as a real estate broker or a real estate salesman under this article who has been convicted in this state or elsewhere of a felony, and who has not subsequent to such conviction received executive pardon therefor or a certificate of good conduct from the parole board, to remove the disability under this section because of such conviction.”

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