If you’re a licensed agent wondering, do you have to disclose DWI as realtor, you’re not alone. It’s one of the more uncomfortable questions in the real estate industry—and one that often surfaces when it’s time to renew a license or apply for one in a new state. The real estate profession demands a high level of public trust and ethical accountability, and a past DWI can leave many wondering whether it could jeopardize their career or future opportunities.
This article breaks down everything realtors need to know about disclosing a DWI—when it’s required, how it’s evaluated by real estate commissions, and what steps you can take to protect your license and reputation. We’ll also share real-world examples of how professionals handled their situations, and what lessons they learned along the way. Whether you’re a new agent or a seasoned broker, this guide will help you approach the subject with clarity, confidence, and legal awareness.
Why Disclosure Matters in the Real Estate Profession
Before diving into whether you have to disclose a DWI as a realtor, it’s important to understand why disclosure is even a topic in licensing. Real estate professionals often manage high-value transactions, handle client funds in trust, and gain access to people’s homes and personal information. As a result, licensing boards hold agents to high ethical and moral standards.
A DWI conviction can call judgment into question, particularly if it was recent or severe. Licensing boards view past offenses not necessarily as disqualifiers, but as indicators of risk or trustworthiness. That’s why disclosure is less about punishment and more about transparency. It allows regulators to evaluate the entire person—not just a single mistake.
Real-Life Story: Carla’s License Renewal Dilemma
Carla, a 37-year-old agent in San Antonio, had built a strong real estate business over the past decade. Two years ago, she was charged with DWI after a holiday party. It was her first offense, and she completed all court requirements without jail time.
When it came time to renew her license, Carla paused at the background check question: “Have you been convicted of a criminal offense since your last renewal?” Nervous about how it might affect her license, she debated leaving it blank.
Ultimately, she disclosed the offense and provided court documents showing she completed all penalties. The Texas Real Estate Commission (TREC) reviewed her case, and within a few weeks, her renewal was approved. Her honesty—and the fact that she had no other history—worked in her favor.
Do You Have to Disclose a DWI as Realtor? It Depends on the State
The most important factor when answering do you have to disclose DWI as realtor is your state’s licensing laws. Each real estate commission has its own rules regarding what offenses must be disclosed, when, and how.
In Texas
The Texas Real Estate Commission (TREC) requires licensees to report criminal convictions—including misdemeanors such as DWI—within 30 days of judgment. Failing to report can result in disciplinary action, even if the offense wouldn’t have otherwise affected your license.
In California
The California Department of Real Estate (DRE) requires disclosure of all criminal convictions on new applications and license renewals. A DWI is not an automatic disqualifier, but failure to report it is a serious offense.
In Florida
Florida requires disclosure of any plea of guilty or no contest to a criminal offense, even if adjudication was withheld. This includes DUI and DWI cases.
In New York
Applicants and licensees must disclose any misdemeanor or felony convictions. The state may require a moral character review, especially for recent offenses.
In nearly every jurisdiction, the common theme is this: it’s better to disclose a DWI than to hide it. Licensing boards often treat nondisclosure more harshly than the conviction itself.
What Happens After You Disclose a DWI?
If you’re wondering what happens after you check “yes” on that background disclosure box, don’t panic. Here’s what usually follows:
- You’ll be asked to submit additional documentation (like the court judgment and proof of completion of sentencing).
- The board may conduct a background investigation or character review.
- You may be asked to provide a written statement explaining the incident.
- The board will assess the circumstances, including how long ago the offense occurred, whether it was an isolated event, and what steps you’ve taken since.
Most first-time, non-violent misdemeanor DWIs do not result in license denial or suspension. However, multiple offenses, recent convictions, or failure to disclose can trigger formal disciplinary hearings.
How to Prepare for Disclosure
If you’re currently licensed or applying for a real estate license and have a DWI on your record, here’s how to prepare:
1. Be Honest
Always answer background check questions truthfully. If you lie or omit information, you risk much worse consequences.
2. Get Your Documents in Order
Have the following ready:
- Final court order
- Proof of sentence completion
- Driving record
- Letters of recommendation (if possible)
- Personal statement taking responsibility
3. Consult a Licensing Attorney
A lawyer experienced with real estate license law can help you submit your disclosure correctly and advocate on your behalf if a hearing is needed.
Real-Life Story: Daniel’s Comeback After a Felony DUI
Daniel, a 45-year-old broker in Arizona, had a felony DUI conviction from years ago. After turning his life around—completing rehab, maintaining sobriety, and rebuilding his business—he applied for license reinstatement.
He was upfront with the real estate board, submitted letters from former clients and mentors, and attended a character hearing. Although the board imposed probationary terms on his license, he was approved. Today, Daniel mentors other professionals in recovery and speaks at continuing education events about second chances.
Will a DWI Show Up on a Realtor Background Check?
Yes, a DWI will appear on a real estate license background check if it resulted in a criminal conviction or deferred adjudication. Most state commissions run:
- FBI fingerprint-based checks
- State DPS or DOJ checks
- County-level criminal searches
Even sealed or dismissed cases may appear, especially if not properly expunged. That’s why full disclosure is critical—even if you think your record is clean.
How Real Estate Boards Evaluate DWI Convictions
Boards typically look at the following factors when evaluating whether a DWI affects your fitness to hold a real estate license:
- Recency of the offense
- Severity (e.g., felony vs. misdemeanor)
- Number of offenses
- Whether you complied with the court
- Any history of substance abuse or rehabilitation
- Your candor during the application process
In general, boards are more forgiving of older, isolated incidents—especially when the applicant has demonstrated good character since.
Can a DWI Prevent You From Becoming a Realtor?
In most cases, a single misdemeanor DWI will not prevent you from becoming a realtor. However, it can:
- Delay the application process
- Require a character review
- Add extra licensing conditions (e.g., probation or reporting)
Felony DWIs or repeated offenses may raise more serious barriers, particularly if they occurred recently or involved injury or reckless behavior.
That said, many people with DWIs are granted real estate licenses every year. Success depends on honesty, responsibility, and proof of personal growth.
Tips to Mitigate the Impact of a DWI as a Realtor
If you’re concerned about how a DWI will affect your real estate career, here are proactive steps you can take: taking control of your narrative and actions can make a meaningful difference in how licensing boards and employers view your situation.
1. Complete All Court Requirements Promptly
Finish probation, classes, and fines early to demonstrate accountability. Completing obligations ahead of schedule shows that you’re serious about moving forward and reducing any potential risks.
2. Document Your Progress
Keep records showing your commitment to personal and professional improvement. This could include certificates of completion, therapy records, or documentation of continued education efforts.
3. Build a Network of Support
Get character references from brokers, clients, or community leaders. These letters can reinforce your reputation and prove that others trust your integrity and professionalism.
4. Stay Clean
Avoid any further legal issues. Repeat offenses are a red flag. Even minor infractions after a DWI can raise red flags during future renewals or audits.
5. Be Transparent
Address the issue head-on during interviews or renewals—without excuses or deflection. A candid and responsible explanation demonstrates maturity and can often win the respect of decision-makers.
Real-Life Story: Mia’s Transparent Approach Paid Off
Mia, a 30-year-old realtor in Austin, disclosed her DWI conviction during her license application. She included a personal statement, her probation completion certificate, and three letters of recommendation. The Texas Real Estate Commission approved her license without delay.
Her takeaway? Owning your mistake and showing growth makes a stronger impression than trying to hide it.
Final Thoughts: Do You Have to Disclose DWI as Realtor?
So, do you have to disclose DWI as realtor? In nearly every state—yes. Failing to do so can have more damaging consequences than the conviction itself. State real estate commissions aren’t looking for perfect people—they’re looking for honest, responsible professionals who can be trusted with sensitive transactions and public trust.
If you’ve made a mistake in the past, don’t let it define your future. With the right preparation, a proactive attitude, and full transparency, you can protect your license and your livelihood. And remember, you’re not alone—many real estate professionals have bounced back stronger than ever.
