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State Bar Admissions
A: A criminal conviction is not an automatic barrier to bar admission. The Committee of Bar Examiners will look at other factors besides the applicant's criminal conviction in deciding whether the applicant possesses the requisite moral character for admission...
California Business and Professions Code §6060 requires that every applicant for admission to the State Bar of California possess good moral character. Law students are sometimes surprised at the extensive disclosures required when they complete the Committee of Bar Examiners application for determination of moral character. Absolute candor in supplying information to the Committee is essential. The extent of disclosure by the applicant of all relevant facts and the applicant's attitude toward the admissions process can be factors.
When the Committee questions the moral character of an applicant, it will often invite the applicant to what it calls an "informal meeting" to discuss facts stated in the application and gain an overall impression of the applicant. Where there is any negative information in an applicant's background, advice about filling out the moral character application and about presenting the applicant's side of the story at the informal hearing can be valuable.
If the Committee decides not to approve an applicant on moral character grounds, that decision can be reviewed by petitioning the State Bar Court. Such a petition is not to be undertaken lightly; the applicant has the burden of proof in this proceeding and it will be vigorously contested by lawyers from the State Bar's Office of Chief Trial Counsel in State Bar Court, often through the hearing and review stages and even in the California Supreme Court. An applicant has only a limited time to appeal the denial of moral character application to the State Bar Court. A final negative determination cuts off any new application for two years.
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