Obtaining the FBI Criminal Background Report
KRS 324.045 (4) and 201 KAR 11:430
This notice should be provided to all new real estate students and candidates applying for a license through license recognition. Please read this notice carefully. Applicants applying for a license through License Recognition should also refer to the KREC website, www.krec.ky.gov under the applicant information tab in the “License Recognition” section for requirements.
All persons applying for a Kentucky Real Estate License shall submit proof of a FBI Criminal Background Check to the Commission as a part of the application for a real estate license. Please note that this process could take 16 weeks. The report is only valid for six months from the date stamped on the report. This record must indicate that there have been no felony convictions during the applicant’s lifetime, or any misdemeanor convictions within the previous five-year period. Some examples of misdemeanors which may be subject to a Commission investigation include: DUI, sexual assault, certain theft charges, and certain drug convictions. In general, speeding and minor traffic violations would not be misdemeanors. Some serious traffic violations could be misdemeanors. The Commission may investigate any charges that are revealed by the FBI report or any other evidence of dishonesty, untruthfulness or bad reputation of the candidate.
If a license candidate is on parole, probation or any other state supervised reporting requirements ordered by the court, the candidate may be denied a license by the Commission until such time as the parole, probation or supervision has ended. Upon completion of the probation, the candidate may reapply to the Commission for consideration. If you are currently on probation or parole, you may want to delay taking classes and the examination until after the probationary period has ended.
Frequently Asked Questions
Where can I obtain the necessary FBI forms?
To obtain the fingerprint cards, check with your local law enforcement agency, the Kentucky State Police (check www.kentuckystatepolice.org/post.htm for the nearest location), or call the West Virginia office of the FBI at 304-625-3878. If you contact the FBI, ask for the fingerprint card and for information to obtain an identification record check for personal review.
Who will take my fingerprints?
Most local law enforcement agencies, county sheriff’s departments, and some city and county police departments, or any state police post may be able to take your fingerprints. In Louisville, the Department of Corrections located at the county jail on Sixth Street handles fingerprinting services for the Jefferson County Sheriff’s Department. Some law enforcement agencies may charge a fee for fingerprinting services.
What is the cost and where do I send it?
Send the completed fingerprint card, a short letter (sample attached or available on the website) advising the FBI that the report is desired for personal review, and an $18 certified check or money order, payable to the Treasury of the United States. If all items are not included, the request will be returned to you by the FBI for correction. You should obtain a certificate of mailing from the postal service when mailing the FBI Background request. This service is available at the post office for $1.15 plus the price of postage. (Copies of the certificate of mailing as well as all items should be kept by the applicant.) We suggest that you send the request by some form of next day or second day air service and include on the envelope and the cover letter, a deadline by which you would like to receive the report. Also, include a stamped self-addressed business envelope. Forward to the address listed below:
Federal Bureau of Investigation
Criminal Justice Information Services Division
SCU MOD D2
1000 Custer Hollow Rd.
Clarksburg, WV 26306
304-625-2000 to check the status of your report
The fingerprint process outlined in this document is the only acceptable method for obtaining the FBI report.
May I take the test after I have completed my coursework and submitted my request for the criminal records check?
YES, as long as you have forwarded the fingerprint card and request to the FBI for processing.
What should I do if my report is clear?
The report will be mailed directly to you. The original report(s) must be attached to your application and submitted with the other documents that are required to obtain your license.
Optional Affidavit Process: If the FBI report is not back by the time you are ready to apply for your license, you may use the optional affidavit process (if there have been will be no felonies during your lifetime, any misdemeanors within the last five years, or any pending charges) shown on your report. Please read the information sheet and the affidavit carefully before using this option. The principal broker must sign page two of the affidavit (only for sales associates who wish to have an active license.) This document must be attached to the optional affidavit. All applicants using the optional affidavit must also submit an AOC (state background) report and a copy of the certificate of mailing from the post office showing the date the request was sent to the FBI. If you use this option, you MUST IMMEDIATELY forward the FBI report to the Commission as soon as you receive it from the FBI.
What happens if I have a misdemeanor within the last five years or a felony during my lifetime?
You MAY NOT use the optional affidavit process. Immediately forward the FBI report to the Commission. You will be asked to complete a Privacy Act Waiver and an investigation will be initiated. Following the investigation, the applicant will either be allowed to continue with the education and testing process or directed to appear before the Commission for a hearing. If the FBI report does not show the final disposition of the charges (what you were convicted of, whether it was a felony or misdemeanor, and the penalty), you may want to obtain this information from the court before sending in your application. If we do not have the final disposition, we will have to obtain it before your application can be processed for investigation.
How long does the investigation take?
Approximately 60-90 days depending upon how quickly all of the documents are returned to the Commission and the backlog of cases.
What if my report comes back indicating that the prints are unreadable?
If the prints are unreadable, the applicant should contact the Commission to obtain an affidavit, which must be signed before a notary. The completed affidavit, and FBI report which indicated the prints were unreadable must be attached to the individual’s application and other documents when they are submitted to obtain the license.
Important Notes
Regulation 201 KAR 11:210 (6) requires that all exam candidates apply for their license within 60 days of the examination date. If you delay requesting the background report and take the exam without having first applied to the FBI for the criminal check, your test scores can be invalidated, thus requiring a retest.
Copies of a report that have been done for another entity or organization are not acceptable. The original report will become a part of the licensee’s permanent file and cannot be returned to you.
Persons with any felony convictions or certain misdemeanors (within the last five years) SHOULD NOT enroll in classes and/or pay course fees or tuition or take the examination until the Commission has determined your eligibility for a license. If you continue with classes and take the test, you do so at your own risk.
If you have further questions, contact the Commission office:
Kentucky Real Estate Commission
10200 Linn Station Rd., Suite 201
Louisville, KY 40223
Phone: 502-429-7250 or 1-888-373-3300
Fax: 502-429-7246