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.
In this article I delve into whether convicted felons can practice law. Also listen to our informative podcast:
1. Can a convicted felon practice law?
Only three states completely forbid convicted felons from becoming lawyers. These states include:
- Texas,
- Kansas, and
- Mississippi.1
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).
However, that the application process includes several steps. For example, you have to:
- pass the bar exam and
- show good moral character.
As to the latter, you can have your bar applications denied if you cannot show a positive moral character. In reality, 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
2. What is proof of rehabilitation?
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:
- whether you applied to get your conviction pardoned and tried to restore your civil rights,
- your recent conduct as it relates to honesty, trustworthiness, diligence, reliability, and judgment,
- the amount of time that has passed since your conviction,
- your occupation and family status,
- whether you accepted responsibility for your crime, and
- evidence of your commitment to community service.5
3. Should you disclose a conviction when applying for a law license?
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:
- are currently under indictment,
- have ever been convicted of a crime, or
- have ever been placed on probation.
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.
4. What happens if you are convicted while practicing law?
Practicing attorneys can usually get disciplined if they get convicted of a:
- “serious” crime, or
- crime involving moral turpitude.6
These are crimes that:
- reflect adversely on an attorney’s honesty, trustworthiness or fitness as a lawyer, or
- involve interference with justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, or theft.7
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.
After the Disciplinary Hearing
At the conclusion of the hearing, the bar can decide to:
- take no action,
- reprimand you,
- suspend your license to practice law, or
- disbar you.
Note that most state bars say that a “conviction” includes:
- a guilty plea or verdict,
- an acceptance of a no-contest plea, or
- a conviction following a no-contest plea.
The most important thing is to be truthful with the Board of Bar Examiners.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- The Immoral Character of Good Moral Character – The Discriminatory Potential of the Bar’s Character and Fitness Determination in Jurisdictions Employing Categorical Rules Preventing or Impeding Former Felons from Being Barred – Georgetown Journal of Legal Ethics.
- The Other Bar Hurdle: An Examination of the Character and Fitness Requirement for Bar Admission – Mitchell Hamline Law Review.
- The Bar Admission Process, Gatekeeper or Big Brother: An Empirical Study – North Illinois University Law Review.
- When Attorneys Become Convicted Felons: The Question of Discipline by the Bar – Georgetown Journal of Legal Ethics.
- Barred from the Bar: The Process, Politics, and Policy Implications of Discipline for Attorney Felony Offenders – Virginia Journal of Social Policy & Law.
Legal References:
- Yale Law School website, “Applying with a Criminal Record.”
- See, for example, the State Bar of California website, “Moral Character.”
- For an overview of the moral character examination, see Rules of Procedure, Board of Admissions to the Bar and the Committees on Character and Fitness of the Illinois Supreme Court (2018).
- See, for example, the State Bar of California website, “Factors and Conduct Relevant to a Moral Character Determination.”
- Rebecca S. Mick, “Making the Mark – Character and Fitness for Admission to the Bar,” adapted from an article that appeared in the Georgia Bar Journal, Vol.19, No.1, August 2013.
- See American Bar Association (ABA) website, “Rule 19, Model Rules for Lawyer Disciplinary Enforcement,” (2020).
- See same.
