Are you a bit nervous about dipping your paws into ink and smudging them on a paper giving the FBI and WSP permission to complete a background check on you?

Fingerprinting and a background check from the Federal Bureau of Investigation (FBI) and the Washington State Patrol (WSP) will be required for all licensees under the changes to Real Estate License Law changes RCW 18.85 in July 2010.  Some real estate agents are nervous about the process, but most people know if they have a criminal background.  Usually, that isn’t information that is quickly forgotten!

Here are some frequently asked questions about the whole process.

Why do real estate agents have to be fingerprinted?

Real estate licensees are negotiating very large financial transactions on behalf of consumers.  They consult on financing, have access to properties and personal property owned by consumers.  This is an effort to protect the consumers.

Who is required to be fingerprinted?  Are there exemptions?

The law requires that all active licensees and those that are applying for a license, a renewal or a reinstatement have a fingerprint and background check on a regular basis. There are no exemptions.

I am currently an active agent.  When do I get fingerprinted?

All real estate agents licensed prior to July 2010 must be fingerprinted at one renewal date in the next 6 years.  Licensees will be selected for fingerprinting on a predetermined formula.  If it is your time to be fingerprinted, you will receive a card and the instructions with your renewal.  I compare it slightly to having emissions test for your car tabs.

How often will fingerprinting be required?

You will have to be fingerprinted again every 6 years.

What is required for newly licensed agents?

All prospective licensees will be fingerprinted after July 2010 and submit it with their applications.  New licensees will be issued a provisional license.  It is subject to suspension or revocation based on the results of the fingerprint and background check.

But, my fingerprints are on file… somewhere!

If you have been fingerprinted late at night at the police station after partying or your current employer requires it, the Real Estate Department of Licensing will still require that you go through the process.  Other departments don’t share that information and it must be current for the Real Estate Program.

What if I have no fingerprints or the card is rejected?

When the card is rejected the applicant must submit fingerprints again.  There is a process for both situations.

Where is fingerprinting done?

It is not something done in your kitchen with the kids.  There will be instructions on the form for where to obtain fingerprints at a local law enforcement agency that offers fingerprint services.

How much will it cost?

There will be two fees.  The law enforcement agency will have a fee.  In addition, the Real Estate Department of Licensing charges $35.25 for the background check.

I just want to get it over with now!

Nope, you must wait until you get a fingerprint card sometime in the next 6 years and bring it to the law enforcement agency.

I usually get my clockhours and renew on my birthday!

If required during that renewal period, you will have to have fingerprints turned in with your renewal form and your clockhours affidavit.  If you do not, you will not get a license.  You will get a license when you turn the paperwork into the Department of Licensing.  You do not have to wait until the fingerprints and background check are processed.

What happens if the report shows a conviction?

Most people were awake when they were convicted of a crime.  It is seldom a surprise to find out that you committed a crime!

If you know about a conviction in your past, you must disclose that information to the Department of Licensing.  If they have evaluated your conviction and there was no disciplinary action and they gave you a license, then when it shows up on the report as a previous disclosed conviction, there should be no issue.

If there is a conviction report, then staff evaluates the type of conviction, may ask you or court for more information, and makes a decision whether or not to take action against an agents license.  During this process, the agents stays licensed until/unless there is disciplinary action taken.

Does that mean the criminals have real estate licenses?

Each conviction is handled on a case by case basis.  The person may have served time or may have committed a crime that is not a threat to our industry.

If you have more questions about fingerprinting, don’t hesitate to contact me!

Thanks!   Natalie Danielson