Real estate brokers, etc.; criminal history information check.
Summary
SB 1362 would require the Virginia Real Estate Board to collect fingerprints and personal identifying information from applicants for licensure as real estate brokers, salespersons, and rental location agents and to run state and federal criminal history checks through the Central Criminal Records Exchange and the FBI. The applicant would pay the cost of fingerprinting and the background search. The bill also requires applicants to self-certify whether they have any prior criminal convictions on the license application.
Under the bill, if an applicant says they have no criminal history and the Board has not yet received the background report, the Board could issue the license if the application is otherwise complete and approved. If a later criminal history report shows undisclosed convictions, the Board would immediately terminate the license and refer the matter for further review. If an applicant discloses a prior criminal history on the application, the Board must refer the application for additional review before deciding whether to issue a license. The bill also provides a process for applicants to obtain copies of their criminal history records if a denial is based on disputed information.
Impact
The bill would add a new section to Title 54.1 governing real estate licensure and would expand the Board’s authority and procedures for screening applicants through mandatory fingerprint-based criminal background checks and self-certification. It would affect applicants for real estate broker, salesperson, and rental location agent licenses, as well as the Real Estate Board, the Central Criminal Records Exchange, and the FBI reporting process. It would also create a mechanism for immediate license termination if an applicant’s later-received criminal history conflicts with the applicant’s self-certification.
Sentiment
The available vote history suggests the bill did not face recorded opposition in committee, but it was ultimately stricken at the patron’s request in the General Laws and Technology Committee by a 15-0 vote. That indicates the proposal was not advanced further despite unanimous committee action on the motion to strike. Because there are no transcript excerpts, there is little direct evidence of broader debate, but the procedural outcome suggests the bill did not generate sustained support for enactment in its introduced form.
Contention
The main policy tension in the bill is between consumer protection/licensing integrity and the burden placed on applicants. Supporters would likely view the bill as a way to ensure that real estate licensees are properly screened for criminal history and that the Board can act quickly when an applicant omits convictions. Potential concerns include the cost of fingerprinting and background checks being shifted to applicants, the risk of delayed licensure while criminal records are pending, and the automatic termination provision if a later report reveals undisclosed history. Another possible point of contention is how the Board would evaluate applicants who do disclose prior convictions, since the bill leaves that determination to further review rather than setting specific standards.