Do Real Estate Agents Have to Report a DWI in Missouri?

A DWI can affect more than your driving privileges, especially if you hold a Missouri real estate license. Depending on the circumstances, a DWI charge or conviction may raise licensing and employment concerns, including whether it must be disclosed to your brokerage or reported to the Missouri Real Estate Commission.

Because reporting requirements are not always the same in every case, it is important to understand what triggers disclosure, what happens if you fail to report when required, and how a DWI may impact your ability to stay in good standing and continue working as an agent in Missouri.

Missouri Real Estate Licensing and Criminal Convictions

The Missouri Real Estate Commission regulates real estate brokers and salespersons in Missouri. When someone applies for a real estate license, they must complete Form 10, which includes detailed questions about criminal history.

For currently licensed real estate professionals, the reporting obligations depend on the nature and timing of the offense. Missouri law requires disclosure of certain criminal convictions and, in some cases, pending charges.

What Criminal Convictions Must Be Reported?

Missouri law distinguishes between different categories of criminal offenses when it comes to real estate licensing:

Automatic Denial Offenses

Under RSMo § 339.100.5, certain convictions result in automatic denial or revocation of a real estate license. These include:

• Any dangerous felony as defined under RSMo § 556.061, or Murder in the First Degree
• Sexual offenses (rape, statutory rape, sodomy, child molestation, etc.)
• Offenses against the family (incest, child abandonment, child endangerment, child abuse, etc.)
• Child pornography offenses
• Mortgage fraud under RSMo § 570.310

A standard DWI conviction, even a felony-level DWI, is not listed among the automatic denial offenses.

Discretionary Denial Offenses

Beyond the automatic denial offenses, the MREC has broader authority to deny or revoke licenses based on other criminal convictions. Under RSMo § 339.100.2(18), the Commission may take action against any licensee who has:

“Been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of this state or any other state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed.”

This provision gives the MREC discretion to consider whether a DWI conviction affects someone’s fitness to practice real estate.

Additionally, RSMo § 339.110 authorizes the Commission to refuse licenses to individuals convicted of “forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud, or other like offense.”

Is DWI a Reportable Offense for Real Estate Agents?

The answer depends on several factors:

Misdemeanor DWI

A first or second-offense DWI in Missouri is typically charged as a misdemeanor under RSMo § 577.010. According to MREC guidance, if a conviction occurs, it should generally be reported because the Commission may consider whether it relates to the licensee’s fitness to practice.

While a misdemeanor DWI is not an automatic denial offense, the MREC conducts a background investigation for reported convictions to determine if action is warranted.

Felony DWI

A third or subsequent DWI offense becomes a felony in Missouri. Felony convictions are more serious for licensing purposes and must be reported. The MREC will evaluate whether the conviction affects the individual’s ability to practice real estate responsibly.

Pending DWI Charges

For pending charges (before conviction), reporting obligations are less clear-cut. However, many real estate professionals choose to proactively notify the MREC of serious pending charges to avoid potential issues with failing to disclose.

What Happens After Reporting a DWI Conviction?

When a real estate licensee reports a conviction that is not an automatic denial offense, the Commission conducts a background investigation. This includes:

• Gathering information about the applicant’s education, work experience, and residence history
• Obtaining a statement about the circumstances leading to the charges
• Securing certified copies of court records
• Contacting the sponsoring broker to ensure they are aware and willing to continue sponsorship
• Contacting the probation officer if the individual is under supervision

The MREC then makes a decision on a case-by-case basis. Under RSMo § 324.012.6, even for professions covered by the Fresh Start Act, licensing authorities must consider:

• The nature and seriousness of the crime
• The passage of time since the commission of the crime
• The relationship of the crime to the ability to perform duties
• Evidence of rehabilitation or treatment

Consequences of a DWI for Real Estate Professionals

Even when a DWI does not result in automatic license denial, potential consequences include:

License Suspension or Revocation

The MREC has discretion to suspend or revoke a license if it determines the conviction reflects poorly on the licensee’s fitness to practice real estate.

Probationary Conditions

The Commission may allow someone to retain their license subject to probationary conditions, such as additional supervision, continuing education, or regular reporting requirements.

Employment Issues

Even if the MREC does not take action, a DWI conviction may affect employment with a brokerage. Many firms have their own standards and may terminate or discipline an agent based on criminal conduct.

Multiple Offenses

A pattern of DWI convictions is more likely to result in licensing action than a single offense, particularly if the licensee demonstrates no rehabilitation or if subsequent offenses occur during probation or licensing proceedings.

Protecting Both the License and the Criminal Case

When a real estate professional is arrested for DWI in Missouri, strategic decision-making is essential. Key considerations include:

• Whether charges can be dismissed or reduced to avoid a conviction
• Whether diversion programs or alternative dispositions are available
• How to present evidence of rehabilitation and good character to the MREC
• Whether the timing of reporting affects licensing outcomes
• How to coordinate criminal defense strategy with licensing protection

At Rose Legal Services, we have represented numerous professionals facing DWI charges who are concerned about the impact on their careers. Our team works collaboratively to build strong defenses in DWI cases while understanding collateral consequences for professional licenses.

Charged with a DWI as a Real Estate Agent? Call Now.

If a real estate professional is facing DWI charges in Missouri, acting quickly with experienced legal counsel is critical. The outcome of the criminal case directly affects professional licensing, employment, and career prospects.

We dedicate our practice exclusively to criminal defense and understand Missouri DWI law, court procedures throughout the St. Louis region, and the collateral consequences for professional licenses. We work with clients to develop defense strategies that protect both their freedom and their livelihood.

Your defense starts with a conversation.