Can a Convicted Person in California Buy Real Estate?

Can a Convicted Person in California Buy Real Estate?

When it comes to real estate, one of the most common questions asked by those with a criminal record is: “Can I still buy a home in California?” The answer is yes — in most cases, a convicted person can buy real estate in California. However, there are a few important factors and exceptions to understand.

✅ The Right to Own Property Still Exists

In California, having a criminal record does not automatically strip someone of their right to buy, own, or sell property. Real estate ownership is considered a civil right, and while some civil rights (like voting or holding public office) may be temporarily affected by certain convictions, property ownership typically is not.

Anyone — including those on probation, parole, or with prior felony convictions — can legally purchase real estate as long as they can meet the financial and contractual obligations involved in the transaction.

💰 Financing Can Be the Biggest Hurdle

The biggest challenge for someone with a criminal record isn’t buying the property itself — it’s qualifying for financing.

• Conventional Loans: Most lenders will look at credit history, income, and debt-to-income ratio. A criminal conviction usually doesn’t appear in these evaluations unless it affects employment or creditworthiness.
• FHA, VA, or USDA Loans: Government-backed loans may have additional requirements. Certain serious felonies (such as those involving fraud or financial crimes) can disqualify applicants for a set period.
• Private Financing or Cash Purchases: If someone pays cash or uses private funding, criminal background checks are rarely relevant. In those cases, the purchase is generally straightforward.

🏠 Buying While on Probation or Parole

It’s still possible to purchase property while under supervision. However, the person may need approval from their probation or parole officer — especially if moving residences or changing counties. The purchase itself is legal, but living arrangements may need official clearance.

⚖️ Restrictions That May Apply

There are a few situations where property ownership could be restricted:

• Restitution or Fines: If a court-ordered restitution is unpaid, a lien could be placed on property, affecting the sale or transfer.
• Forfeiture Laws: Property purchased with proceeds from criminal activity can be seized under federal or state forfeiture laws.
• Certain Federal Convictions: Individuals convicted of specific federal crimes (like money laundering or drug trafficking) may face restrictions if the purchase involves federally insured funds.

🧭 Why Homeownership Still Matters

For many people with past convictions, buying a home is a key step toward rebuilding stability and independence. Homeownership can provide a sense of accomplishment, community, and financial security — and California law does not stand in the way of that goal.

🏡 Final Thoughts

If you or someone you know has a criminal record and wants to buy property in California, the good news is — it’s entirely possible. The key is to ensure all financial obligations are in order, understand any probation or parole restrictions, and work with a real estate agent and lender who can guide you through the process without bias.

Homeownership can be a powerful part of a fresh start, and in California, your past doesn’t have to define your future.

Steve Cardinalli
Real Estate Professional, 01323509
(760) 814-0248
Steve@Cardinalli.com
www.Cardinalli.com
Century 21 Affiliated Fine Homes & Estates
Village Faire in Carlsbad Village
300 Carlsbad Village Dr, 223
Carlsbad, CA 92008

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