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Diana has applied for a Nevada real estate salesperson license. During the background check, it is discovered that she was convicted of a felony involving fraud eight years ago. She has completed her sentence and probation. Under Nevada law, which of the following most accurately describes how NRED will handle her application?

Correct Answer

C) NRED will conduct an individualized review considering the nature of the crime, rehabilitation, and other factors before making a licensing decision.

Under NRS 645.330 and NRS 622A (Nevada's occupational licensing reform law), NRED cannot automatically deny a license solely based on a criminal conviction. NRED must conduct an individualized assessment that considers the nature and seriousness of the crime, its relationship to the duties of a real estate licensee, the time elapsed since the offense, evidence of rehabilitation, and other relevant factors. A prior conviction does not create an automatic bar to licensure in Nevada.

Answer Options
A
NRED must automatically deny the application because any felony conviction results in permanent ineligibility for a Nevada real estate license.
B
NRED must automatically approve the application because more than seven years have passed since the conviction.
C
NRED will conduct an individualized review considering the nature of the crime, rehabilitation, and other factors before making a licensing decision.
D
NRED will approve the application only if Diana obtains a court order expunging the felony conviction from her record.

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Related Topics & Key Terms

Key Terms:

criminal_backgroundlicense_eligibilityindividualized_reviewnrs_645

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