Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Most states say that you can still become a lawyer even if you were convicted of a felony. This is often true, however, only provided that you can pass your state’s moral character review process.
You can generally pass this review if you can positively show that you have rehabilitated yourself since your conviction.
Note that if you are convicted of a felony while you are actively practicing as an attorney, your state bar association can usually discipline you in some way. Disciplinary measures may include a reprimand, a suspension of your law license, or disbarment.
Only three states completely forbid convicted felons from becoming lawyers. These states include:
Other states say that you can still begin the law school application process if you have a criminal history (which shows a criminal conviction for either a misdemeanor or a felony).
But note that the application process includes several steps. For example, you have to:
As to the latter, you can have your bar applications denied if you cannot show a positive moral character. The reality is that a criminal record showing a conviction, on its face, prevents you from making this showing.2
However, your state bar may approve your bar application if you can prove that you have rehabilitated yourself since your criminal conviction.3
In general, your showing of rehabilitation must be commensurate with the seriousness of your misconduct.4
In considering whether or not you have rehabilitated yourself, bar examiners will often consider the following:
Most often, yes. It is important for law school applicants to be honest and truthful when completing their law school applications.
When completing your application, you will have to complete a “Character and Fitness” section. This section often asks such questions as if you:
You should be truthful when answering these questions and provide any statements that help provide any context about your conviction.
If you lie about a conviction, and a law school finds out, this could be used as evidence that you have not rehabilitated yourself.
Note that while law schools will generally not run a criminal background check on an applicant, your state bar usually will.
Practicing attorneys can usually get disciplined if they get convicted of a:
These are crimes that:
If a state bar finds that you were in fact convicted of a serious crime or one involving moral turpitude, the bar will generally hold a hearing. The purpose of the hearing is to determine how you should be disciplined for your conviction.
At the conclusion of the hearing, the bar can decide to:
Note that most state bars say that a “conviction” includes:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.