INNOCENT UNTIL PROVEN GUILTY

Have you been charged with a criminal offense, or do you know of a broker who has?

Commission Rule A.0113 requires that a broker file with the Commission a Criminal Conviction Disciplinary Action Reporting Form within 60 days of:

• a final judgment, order, or disposition of any felony or misdemeanor conviction;
• a disciplinary action or entering into a conciliation agreement or consent order with a governmental agency or occupational licensing agency;
• a final judgment, order, or disposition of a military court-martial conviction; or
• a notarial commission sanction pursuant to G.S. 10B-60.

Notice that this rule refers to final judgments and orders, not charges. Once an investigation concludes, criminal and other charges are sometimes dropped or reduced. That’s why a broker is not required to report any charges which are pending against them, only convictions and final dispositions.

When we receive information about charges being filed against a broker, the Commission normally holds those matters open until after a conviction or final judgement occurs, assuming it does.  Like everyone else, brokers are considered innocent until proven guilty.