Can You Get a Texas Real Estate License With a Criminal Record?
Short answer. A record does not automatically end the plan, but TREC reviews it. You cannot get a license if you do not pass the background check. TREC offers an optional Fitness Determination before you apply. It costs $54 online, per the fee schedule effective September 1, 2026. Ask before you pay for school.
The short version
If you are worried about a past arrest, charge or conviction, you are not alone. Many people ask this before they spend money on classes. The calm answer is that TREC looks at each person on the facts, and it gives you a way to ask first.
That way is called a Fitness Determination. This guide explains what TREC says about it, what it costs, and how it fits with the fingerprint background check. We are not lawyers and this is not legal advice. Your own facts matter more than any article.
What TREC says about the background check
The TREC sales agent page (checked October 15, 2026) says your fingerprints must be on file with the Texas Department of Public Safety. It also says you will not receive a license if you do not pass the background check, and that investigations can cause delays.
The TREC fingerprint page (checked October 15, 2026) says any person applying for or renewing a license must provide fingerprints for a criminal history check. Fingerprints taken for other reasons, such as a past job, are not accepted. They must be taken at an authorized DPS site through IdentoGO by IDEMIA.
What a Fitness Determination is
On its Fitness Determination page (checked October 15, 2026), TREC describes it this way: you can find out if your criminal or disciplinary history will keep you from getting a license. It is optional. TREC says anyone seeking a TREC license or certificate can request one.
TREC says it is most useful if you have criminal offenses, unpaid judgments, past license discipline or past unlicensed activity. In plain words, it is a question you ask TREC before you invest time and money.
Rules for requesting one
TREC lists several rules on that page. Read them closely, because timing matters.
- You cannot request one after you have applied.
- Do not send it with a license application or while an application is pending.
- You submit a completed form with any additional required documents, including court documents.
- TREC says to disclose all misdemeanors and felonies, even old ones.
- TREC also says to disclose deferred adjudication cases, even if the case was later dismissed.
- Do not send the materials by email, mail or fax.
What it costs
The fee comes from the TREC fee schedule, effective September 1, 2026 (checked October 15, 2026). The schedule lists a Fitness Character Determination, with online payment only. The fee is $50.00 plus a $4.00 Texas Online fee, for a total of $54.00.
The Fitness Determination page itself says you pay through the REALM Portal and does not state an amount. Use the fee schedule number and check the portal for the current cost before you pay. Fees can change.
How long it takes
TREC says it decides within 30 days after it receives all required documentation. A complete submission speeds up processing. A missing court record can slow it down.
That 30 days is separate from the four weeks TREC gives for reviewing a license application. Our guide on how long until the license is issued covers that clock.
What the answer does not do
TREC is clear on this point. The determination is based only on what you provide. It is not a full background check. It does not replace the fingerprint check through the Texas Department of Public Safety, and a license will not issue until you pass that check.
So a favorable answer is useful, but it is not a promise. Think of it as a strong early signal, not a final approval. We do not know what TREC would decide in your case, and neither does any article.
The order of steps that makes sense
This order is our planning idea, built from the TREC rules above. It is not legal advice.
| Step | Why this order |
|---|---|
| Gather your records | The form asks for court documents and all offenses, even old ones |
| Request the Fitness Determination | TREC says you cannot request one after you apply |
| Wait for the answer | TREC says it decides within 30 days of a complete file |
| Decide on school | You will know more before you pay for 180 hours |
| Apply and give fingerprints | The background check is required for every applicant |
Questions to think through first
These are prompts, not tests. Write your answers down before you start.
- Can I list every offense, including old ones and deferred adjudications?
- Do I have the court documents, or do I know how to get them?
- Do I have unpaid judgments or past license discipline in any field?
- Would a lawyer who knows Texas licensing look at my file?
- Am I ready to wait up to 30 days for an answer before I enroll?
Why asking first can save money
A full path costs real money. Qualifying education, the application, the exam and fingerprints all add up. Our exam cost guide lists the published fees. The Fitness Determination is a small cost next to the whole path.
We cannot say whether it is right for you. Some people may have a record that TREC finds minor. Others may have one that needs a closer look. TREC is the only one who can say.
Where to get help
If you have a serious or complicated record, a licensed Texas attorney can read your documents and explain the state rules. TREC staff can answer process questions, such as where to upload a document. Neither we nor The Bauer Group can predict a TREC decision.
Education only, not legal, tax or financial advice. Confirm licensing rules with TREC.
Where this fits
A record question sits at the start of the path. See the full license requirements and what a sponsoring broker does after you pass. If you are already licensed in DFW and want to talk with The Bauer Group, you can start a conversation on our site. We do not issue licenses.
Common questions
Can I get a Texas real estate license with a felony?
TREC reviews criminal history and says you cannot get a license if you do not pass the background check. It does not publish a list of automatic outcomes on the pages we read. You can request a Fitness Determination before you apply.
What is a Fitness Determination?
It is an optional TREC review where you find out if your criminal or disciplinary history will keep you from getting a license.
How much does a Fitness Determination cost?
The TREC fee schedule effective September 1, 2026 lists $50.00 plus a $4.00 Texas Online fee, $54.00 total, paid online. Check the REALM Portal for the current amount.
Can I request one after I apply?
No. TREC says you cannot request one after you have applied, and you should not submit it while an application is pending.
Does a Fitness Determination replace the fingerprint check?
No. TREC says it is not a full background check and does not replace the fingerprint check through the Texas Department of Public Safety.
Do I have to list old offenses or dismissed cases?
TREC says to disclose all misdemeanors and felonies, even old ones, and deferred adjudication cases even if later dismissed.
Sources
- TREC: Fitness Determination (checked October 15, 2026)
- TREC: Fingerprint Requirements (checked October 15, 2026)
- TREC: Fee Schedule, effective September 1, 2026 (checked October 15, 2026)
- TREC: Become a Real Estate Sales Agent (checked October 15, 2026)
Education only. Not legal, tax or financial advice. Confirm licensing rules with the Texas Real Estate Commission. Results vary and depend on effort, market and lead performance.