Are You Eligible for a Real Estate License-If You Have a Criminal or License Discipline Record?

The Alabama Real Estate Commission is charged by law with ascertaining that persons engaged in the real estate business are trustworthy, bear a reputation of honesty and truthfulness, and have not been convicted of a felony or crime involving moral turpitude. If you have a criminal or license discipline record and are concerned that, even if you complete the education and pass the examination, you may not be deemed eligible for a license you can apply for a Determination of License Eligibility. This process allows you to address your record with the Commission and to receive, from them, a decision regarding your eligibility to have a license before you proceed with the education and examination requirements of licensing.

First-applicants requesting approval of eligibility to obtain an Alabama real estate license must first fill out the Commission Pre-Registration form found online HERE to receive a user identification number. This number will be requested on the Application for Determination of License Eligibility and on the Registration form required by our fingerprint processing company, Fieldprint.

Second-complete the Application for Determination of Licensing Eligibility HERE if you have a criminal or license discipline record.

Third-applicants must submit to a fingerprint-based federal and state criminal background check, mandated by Ala. Code Act 2016-322, by working with the Commission’s processor, Fieldprint. Follow the instructions for fingerprint scanning and processing found at fieldprintalabama.com. The Commission can only utilize fingerprints processed through Fieldprint. We cannot accept fingerprints completed for any reason outside of pursuing a real estate license from the Alabama Real Estate Commission. The fingerprints will be utilized to conduct a federal and state criminal background check per 34-27-32 Code of Alabama.

IMPORTANT: The Determination of Licensing Eligibility will not proceed until the Commission has received and reviewed both the Application for Determination of Licensing Eligibility from the applicant and the Criminal History Record Information. Applicants must take care to coordinate the submission of the Application for Determination of Licensing Eligibility and the submission of their fingerprints. The criminal history record information will come to the Commission directly and will only be on file with the Commission for six (6) months; therefore, we strongly recommend that applicants submit the Application for Determination of Licensing Eligibility to the Real Estate Commission, by mail or in-person, on the same day that they go to a fingerprinting site to be scanned. If the applicant has not completed the steps to obtain a license after six (6) months, a new set of fingerprints may have to be submitted.

Non-resident applicants who cannot find a fingerprint scanning site in their area should contact the Commission's Licensing Division for information.

The applicant is notified that he/she may challenge or appeal any portion of his/her own Criminal History Record Information (CHRI) that he/she believes to be incomplete or inaccurate by contacting the Records & Identification Division within ALEA 334-353-4340.

If your intention is to CHALLENGE any part of your CHRI maintained by ALEA, the documentation submitted to ALEA must include, at a minimum:

• a. A copy of the Alabama Criminal History Record being challenged;
• b. The charge and DATE of each specific arrest or disposition being challenged;
• c. The Name of the ARRESTING AGENCY OR COURT for each arrest or disposition being challenged;
• d. A listing of each specific arrest or disposition being challenged;
• e. The details related to why each specific arrest is inaccurate;
• f. What the applicant believes to be the correct information for each arrest or disposition being challenged;
• g. Where the applicant obtained what he/she believes to be the correct supporting information (if applicable); and
• h. Official documentation from the arresting agency or court (if applicable) to support each arrest or disposition being challenged.

ALEA PRIVACY ACT STATEMENT
This privacy act statement is located on the back of the FD-258 fingerprint card.

Authority: The FBI’s acquisition, preservation, and exchange of fingerprints and associated information is generally authorized under 28 U.S,C. 534. Depending on the nature of your application, supplemental authorities include Federal statutes, State statutes pursuant to Pub. L. 92-544, Presidential Executive Orders, and federal regulations. Providing your fingerprints and associated information is voluntary; however, failure to do so may affect completion or approval of your application.

Principal Purpose: Certain determinations, such as employment, licensing, and security clearances, may be predicated on fingerprint-based background checks. Your fingerprints and associated information/biometrics may be provided to the employing, investigating, or otherwise responsible agency, and/or the FBI for the purpose of comparing your fingerprints to other fingerprints in the FBI’s Next Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent fingerprint repositories) or other available records of the employing, investigating, or otherwise responsible agency. The FBI may retain your fingerprints and associated information/biometrics in NGI after the completion of this application and, while retained, your fingerprints may continue to be compared against other fingerprints submitted to or retained by NGI.

Routine Uses: During the processing of this application and for as long as thereafter as your fingerprints and associated information/biometrics are retained in NGI, your information may be disclose pursuant to your consent, and may be disclosed without your consent as permitted by the Privacy Act of 1974 and all applicable Routine Uses as may be published at any time in the Federal Register, including the Routine Uses for the NGI system and the FBI’s Blanket Routine Uses. Routine uses include, but are not limited to, disclosures to: employing, governmental or authorized non-governmental agencies responsible for employment, contracting licensing, security clearances, and other suitability determinations; local, state, tribal, or federal law enforcement agencies; criminal justice agencies, and agencies responsible for national security or public safety.

Applicants must fill out a registration form at fieldprintalabama.com and submit it when they appear at the fingerprinting/scanning site of their choosing. An extensive list of all fingerprinting sites and hours of availability is kept current on Fieldprint’s website. The applicant will be asked to pay a fee for the background check. Follow the instructions on Fieldprint’s website at fieldprintalabama.com for proper forms of payment.

At the scanning site, applicants will be required to supply proper I.D. See instructions on Fieldprint’s website at fieldprintalabama.com in this regard.

Occasionally, there is trouble with the fingerprint image, should that occur you will be contacted by Fieldprint and required to submit another set of prints. One re-scan is done free of charge.

What’s Next?
After reviewing both the Application for Determination of Licensing Eligibility and the Criminal History Record Information, a member of the Commission’s staff will contact the applicant to discuss any further steps that may be necessary. These may include providing various court documents to the Commission and may require that the applicant appear before the Commission prior to proceeding through the licensing process. The Commission staff will work with the applicant through this process.