Felons And Legal Practice: Is It Possible?

It is a common misconception that a felony conviction automatically disqualifies someone from becoming a lawyer. While this is true in some states, most states allow people with criminal records to become lawyers. However, they must pass a moral character review process, which can vary in difficulty depending on the state and the nature of the felony. This process may include a background check, a waiting period, and a demonstration of rehabilitation or redemption. Full disclosure and honesty are crucial, as lying or attempting to conceal a criminal record can result in automatic disqualification. Notable examples of lawyers with criminal records include Tarra Simmons, Shon Robert Hopwood, and Reginald Dwayne Betts.

Law school applications and acceptance with a felony record

A felony conviction does not automatically disqualify you from attending law school and becoming a lawyer. While it may make the process more challenging, it is not an insurmountable obstacle. Many current law students, lawyers, and even law school professors have criminal records or have been incarcerated.

Law School Applications:

When applying to law school, you will likely encounter questions about your criminal record in the "Character & Fitness" section of the application. These questions may include:

• Are you currently under indictment?
• Have you ever been convicted, placed on probation, or given a deferred adjudication or diversion program for a criminal offense?
• Have you ever been arrested or cited for any criminal violation?
• Have you ever been subject to any disciplinary action, placed on academic probation, or dismissed from any school?

It is crucial to answer these questions truthfully and provide context and reflection about any incidents. Some schools may only ask about criminal charges from the last five years, while others may request all charges, even if your record has been expunged. Be sure to carefully review what each school is requiring.

• Be honest and disclose your criminal record. Do not attempt to hide or conceal any past issues, as this can hurt your application.
• Focus on your academic achievements, work experience, and extracurricular activities. Demonstrate your positive impact on others and any rehabilitation or community work you have undertaken.
• Seek letters of recommendation from individuals who know you well and can speak to your character and what you have to offer.
• Research and identify schools that are more understanding of applicants with criminal records. Several programs have policies in place to support these applicants.
• Consider working with an admissions consultant or advisor who has experience in this area to guide you through the process and improve your chances of acceptance.

State Requirements:

In addition to law school applications, it is important to consider the requirements of the state in which you intend to practice. Almost all states will license people with criminal records to become attorneys, but some have extra restrictions. Only a few states, such as Texas, Kansas, and Mississippi, explicitly forbid persons with felony convictions from becoming lawyers.

Financial Aid:

A prior record may not significantly impact financial aid, but it can depend on the state, school, and their specific policies. Reach out to the schools directly to understand their financial aid services, as they may have their own aid programs separate from state or federal aid.

Remember, having a felony record does not have to prevent you from pursuing a legal education and career. With honesty, hard work, and determination, you can achieve your goals and make a positive impact in the field of law.

State-specific requirements and restrictions for felons

While a felony conviction does not automatically bar one from becoming a lawyer, state-specific requirements and restrictions vary across the United States. Here are some examples:

Texas

Texas has some of the toughest criminal laws in the country, and a felony conviction carries significant restrictions. Texas is one of the three states, along with Kansas and Mississippi, that explicitly forbid persons with felony convictions from becoming lawyers. Texas laws outline varying degrees of felonies, each carrying different penalties, including incarceration and fines. For instance, a Third-Degree Felony conviction can result in 2 to 10 years of incarceration, while a First-Degree Felony conviction can lead to life imprisonment or a sentence of 5 to 99 years. Additionally, convicted felons in Texas lose their right to vote while incarcerated, on parole, or on probation.

Connecticut and Indiana

In Connecticut and Indiana, a felony conviction constitutes a rebuttable presumption or prima facie evidence of a lack of good moral character. This means that an applicant with a felony record must provide evidence to rebut the presumption and prove their good moral character.

Illinois

Illinois requires felons to receive character and fitness certification before taking the bar exam. The state prioritises honesty and full disclosure during the application process. Failure to disclose convictions can result in rejection.

Ohio

Ohio has specific conditions that convicted felons must meet to become lawyers. While a felony conviction may not automatically disqualify an applicant, additional requirements, such as demonstrating good moral character, may be necessary.

Montana

In Montana, an applicant with a felony conviction is presumed to lack good moral character until the completion of their sentence. This means that the applicant may need to wait until their sentence is completed to be considered for admission to the bar.

Passing the bar exam and obtaining a license to practice

Passing the bar exam is a requirement for working as a lawyer. The bar exam is a standardised test issued by the National Conference of Bar Examiners to test the skills and knowledge lawyers need before becoming licensed to practice law. The Uniform Bar Examination (UBE) is uniformly administered, graded, and scored by user jurisdictions and results in a portable score that can be transferred to other UBE jurisdictions. As of January 2023, 41 states, the District of Columbia, and the US Virgin Islands require applicants to pass the UBE. The UBE is composed of the Multistate Bar Examination (MBE), a multiple-choice examination covering constitutional law, criminal law, evidence, real property law, contracts, and torts; the Multistate Essay Examination (MEE), consisting of 30-minute essay questions on MBE topics and additional legal topics such as business associations, federal civil procedure, wills and trusts, and secured transactions; and the Multistate Performance Test (MPT), an examination that tests analytical and problem-solving skills, as well as the ability to resolve professional ethics issues.

The bar exam is typically a two-day examination, with the MBE given on the last Wednesday of February and July and the MEE and MPT given on the Tuesday before. The most common testing configuration consists of a two-day bar examination, with one day devoted to the MBE and the second day comprised of locally crafted essays from a broader range of subject matters.

In addition to passing the bar exam, applicants must also demonstrate good moral character to practice law in the United States. This requirement is typically met by completing a detailed questionnaire addressing the prospective lawyer's background and disclosures regarding criminal activity, substance abuse, or mental illness. Committees of investigators convened by state courts or state bar associations review and investigate the information provided in the questionnaire.

The process for obtaining a license to practice law varies depending on the state in which you intend to practice. It is important to research the specific requirements of the state in which you plan to practice, as some states may have additional requirements or restrictions. For example, California requires applicants to pass the First-Year Law Students' Examination, also called the "Baby Bar", in addition to the bar exam.

It is worth noting that a felony conviction does not necessarily disqualify someone from becoming a lawyer, although it may impact the ability to obtain a license in certain states. As of 2015, only three states and one territory outright banned convicted felons from becoming lawyers: Kansas, Mississippi, Texas, and the Northern Mariana Islands. However, some jurisdictions may require a certain passage of time or a demonstration of redemption.

Demonstrating good moral character and rehabilitation

While a felony conviction can be an obstacle to becoming a lawyer, it is not an automatic bar to entry in most states. Only three states—Kansas, Mississippi, and Texas—and one territory, the Northern Mariana Islands, explicitly forbid felons from becoming lawyers. However, demonstrating good moral character and rehabilitation is essential for those with a criminal record who want to pursue a legal career.

The first step towards demonstrating good moral character is full disclosure of your criminal history. Most states will require you to submit documentation of your past, including education, addresses, and any convictions. While it can be tempting to conceal past misdeeds, dishonesty will likely result in your application being rejected. Being honest and upfront shows maturity and a commitment to rehabilitation.

In addition to disclosure, there are several other ways to demonstrate good moral character and rehabilitation. Firstly, it is important to comply with all laws, including tax laws and child support obligations. This compliance reflects an adherence to moral norms and obligations. Secondly, providing evidence of a clean criminal record for a certain period can help. While the specific statutory period varies by state, generally, you must show good moral character for the five years preceding your application. This means that older convictions are less likely to impact your application.

Furthermore, testimonials from community members or leaders and records of participation in community service or volunteer activities can support your case. Such evidence demonstrates your positive contributions to society and your alignment with community moral standards. Finally, if your actions wronged an individual or organization, it is important to make amends. Seeking a pardon or expungement of a previous conviction, if possible, can also help demonstrate rehabilitation.

While having a felony conviction can make the journey to becoming a lawyer more challenging, it is not an insurmountable obstacle. By demonstrating good moral character and rehabilitation through disclosure, compliance with the law, community involvement, and making amends, you can pursue a legal career in most states.

The impact of non-disclosure or concealment of felony record

The impact of non-disclosure or concealment of a felony record can be significant for individuals seeking to practice law. While most states allow individuals with criminal records to become attorneys, non-disclosure or concealment of a felony conviction can have serious consequences.

During the application process for law school and state bar admission, applicants are typically required to disclose any criminal history. This disclosure is a crucial aspect of the "Character & Fitness" (C&F) evaluation, which assesses an applicant's moral character. Failing to disclose or attempting to conceal a felony record during this process can be detrimental to one's application. Law schools and state bars may view non-disclosure or concealment as a sign of dishonesty, which can raise concerns about an applicant's trustworthiness and integrity.

Additionally, non-disclosure or concealment of a felony record can lead to legal repercussions. In some jurisdictions, providing false or misleading information on an application can result in penalties, including potential criminal charges. It is essential to understand the specific requirements and laws of the state or jurisdiction where one intends to practice.

Furthermore, the impact of non-disclosure or concealment may extend beyond the initial application process. If an individual is admitted to the bar and begins practicing law, any subsequent discovery of a concealed felony record could result in disciplinary action, including potential disbarment. Maintaining honesty and transparency throughout one's legal career is crucial to maintaining one's professional standing.

While the impact of non-disclosure or concealment can be significant, it is important to note that rehabilitation and redemption are also valued in the legal profession. Many states and law schools recognize that individuals can change and demonstrate reformed character. Seeking legal guidance, providing context, and reflecting on one's past can help mitigate the potential negative consequences of a felony record. Ultimately, each state, law school, and jurisdiction may have its own policies and requirements, and it is essential to research and understand these specifics when considering a career in law with a felony record.

Frequently asked questions