Cecily Zamora
In the United States, a felony conviction does not necessarily preclude an applicant from admission to the state bar and obtaining a license to practice law. However, this depends on the state and the nature of the felony. While most states allow felons to become lawyers, some require a waiting period, and others mandate a demonstration of redemption. Notably, three states—Kansas, Mississippi, and Texas—and one territory, the Northern Mariana Islands, outright ban convicted felons from becoming lawyers. Other states, such as Florida and Washington, have specific requirements for felons seeking to practice law. Overall, while it may be challenging, it is possible for felons to become licensed to practice law in many states across the US.
| Characteristics | Values |
|---|---|
| States where felons can practice law | Majority of states including Washington, Ohio, California, Illinois, Georgia |
| States where felons cannot practice law | Kansas, Mississippi, Texas, Connecticut, Florida, Northern Mariana Islands |
| Requirements | Passing a state's moral character review process, demonstrating rehabilitation, honesty and disclosure |
| Exceptions | Some states require law school education |
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What You'll Learn
States that ban felons from becoming lawyers
While most states in the US do not outright ban convicted felons from becoming lawyers, some states make it harder than others. As of 2015, only three states and one territory—Kansas, Mississippi, Texas, and the Northern Mariana Islands—ban convicted felons from ever becoming lawyers.
In most states, a felony conviction does not necessarily preclude an applicant from admission to the state bar and obtaining a license to practice law. However, applicants must pass a moral character review process to become lawyers. This process includes a hearing to determine how the applicant should be disciplined for their conviction. Applicants must also submit documentation of their past life, including education, addresses, and criminal background.
Some states require applicants to demonstrate rehabilitation and a passage of time since their conviction. For example, in Florida, the governor must restore the civil rights of convicted felons by petition before they can sit for the bar exam. In Washington State, bar examiners must determine that an applicant has the appropriate character and fitness to practice law before they may sit for the bar exam. Similarly, Connecticut has a character and fitness requirement, presuming that felons lack the character and fitness required to practice law unless they can prove otherwise.
While most law schools do not bar admission to applicants with felony convictions, applicants should be aware of specific school and state policies. For example, some schools only ask about criminal charges from the last five years, while others require applicants to disclose all convictions.
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Law school applications with a criminal record
A criminal record does not automatically bar you from attending law school and becoming a lawyer. Many current law students and lawyers have criminal records, and almost all states allow people with records to apply to become attorneys. However, you will need to disclose your criminal record in your law school application, and you may have to pass a state "moral character review process" to become a licensed lawyer.
Disclosing Your Criminal Record
Law schools require applicants to address any criminal record, including arrests or incidents resulting in probation. You should disclose your criminal record in the "'Character & Fitness' section" of your application and provide context and reflection about the incident(s). It is important to be truthful and honest, as state bar associations have close relationships with law schools and may notify the school if they discover an intentional misrepresentation.
Rehabilitation
When disclosing your criminal record, you should show remorse and explain why you will not reoffend. It is helpful to highlight any activities you have done to rehabilitate yourself, such as counselling, helping at-risk youth, or community service. This will demonstrate positive character development since your conviction.
State-Specific Requirements
It is important to research the requirements of the state in which you plan to practice law, as some states have additional restrictions for applicants with criminal records. Only three states explicitly forbid persons with felony convictions from becoming lawyers: Texas, Kansas, and Mississippi. Most states require applicants to pass a "'moral character review process' to become licensed lawyers, so it is important to understand the specific requirements of your state.
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State-specific requirements for lawyers
While most states allow convicted felons to become licensed to practice law, the specific requirements vary. For example, Texas, Kansas, and Mississippi are the only three states that explicitly forbid persons with felony convictions from becoming lawyers. In Florida, the governor must restore your civil rights by petition before you can sit for the bar exam. In Washington State, bar examiners must determine that a person has the appropriate character and fitness to practice law before they may sit for the bar exam. Similarly, Connecticut has a character and fitness requirement, and applicants are presumed to lack the character and fitness required to practice law unless they can prove otherwise.
Ohio is another state with specific requirements for lawyers. While one applicant with a felony conviction for sexual misconduct with minors was denied entry, another applicant with a murder conviction was allowed to practice law. This demonstrates the importance of meeting the state's moral character requirements, which can be challenging for former felons.
When applying to practice law in a specific state, it is essential to research the state's policies and requirements. This includes understanding the state's approach to determining if an applicant with a criminal record meets the character and fitness standard required of attorneys. Being truthful and disclosing any past convictions during the application process is crucial, as attempting to conceal information can significantly impact your chances of becoming a lawyer.
To increase your chances of success, consider seeking guidance from an attorney experienced in this area. Additionally, focus on applying to ABA-accredited schools, as this can minimize potential issues with jurisdictions that may have concerns about your education. While having a felony conviction can make the path to becoming a lawyer more challenging, it is not necessarily a bar to admission in most states.
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Passing the bar exam with a felony
As of 2017, only three states—Kansas, Mississippi, and Texas—and one U.S. territory, the Northern Mariana Islands, ban convicted felons from ever becoming lawyers. However, each state has its own unique set of requirements and restrictions for granting law licenses to individuals with a criminal history. While some states may require a certain amount of time to pass since the felony conviction, others may focus on the demonstration of redemption and good moral character.
When applying to take the bar exam, it is crucial to be honest and transparent about your criminal history. Most states and law schools will require you to disclose any criminal convictions, and failure to do so may result in disqualification. The application process typically includes a moral character examination, during which you will need to provide documentation of your past, including education, addresses, and your criminal background. Being truthful and demonstrating rehabilitation since your conviction can significantly impact your chances of passing the moral character review process and ultimately gaining admission to the bar.
While having a felony conviction may make the journey to becoming a lawyer more challenging, it is not an automatic bar to admission. Many law schools and states adopt a forgiving attitude towards applicants with criminal backgrounds. It is worth noting that some states and law schools may have additional requirements or restrictions, so it is essential to research the specific policies of your desired state and school. Seeking guidance from an attorney experienced in this area can also help navigate the complexities of the admission process.
Although passing the bar exam with a felony conviction presents unique challenges, it is not an insurmountable obstacle. Several individuals with criminal records have successfully become lawyers and made valuable contributions to the legal profession. Their stories serve as a testament to the possibility of pursuing a legal career despite a felony conviction.
In conclusion, while the specific requirements vary across states and law schools, honesty, rehabilitation, and demonstrating good moral character are crucial factors in passing the bar exam with a felony conviction. With perseverance and a commitment to meeting the necessary requirements, individuals with felony convictions can pursue their goal of becoming lawyers and contributing positively to the legal field.
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The moral character review process
While a felony conviction can be an obstacle to becoming a lawyer, it is not necessarily a bar. Most states allow people with felony convictions to become lawyers, though they must pass a moral character review process. Only three states—Kansas, Mississippi, and Texas—and one territory, the Northern Mariana Islands, have been reported to completely ban convicted felons from becoming lawyers.
Being truthful and disclosing one's criminal history is crucial during the moral character review process. Failing to disclose or attempting to conceal past convictions can significantly harm one's chances of becoming a lawyer. Honesty and full disclosure are essential to demonstrating positive moral character. Some states may only ask about criminal charges from the last five years, but it is important to know the specific requirements of each state and law school.
To pass the moral character review process, applicants must generally show that they have rehabilitated themselves since their conviction. This may include applying to get their conviction pardoned and restoring their civil rights, as well as demonstrating positive changes in their conduct and behaviour. The showing of rehabilitation must be commensurate with the seriousness of the misconduct. Seeking guidance from an attorney experienced in this area can be beneficial in navigating the moral character review process.
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Frequently asked questions
Yes, a convicted felon can become licensed to practice law in the US, but not in all states. As of 2015, only three states and one territory outright ban convicted felons from ever becoming lawyers: Kansas, Mississippi, Texas, and the Northern Mariana Islands.
While a felony conviction will not automatically bar admission to law school, most states require applicants to pass a moral character review process to become licensed to practice law. This involves submitting documentation of past life, including education, addresses, and criminal background.
Notable examples include Tarra Simmons, Shon Robert Hopwood, and Reginald Dwayne Betts.
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