Can a Convicted Felon Get a License to Practice Law?

The rules concerning who can be admitted to practice law is governed by the supreme court of each state, working together with the state bar association. Standards vary from state to state, but all states require that an applicant be of good moral character. Each applicant must pass a background check that includes an inquiry into any criminal convictions or civil judgments that may indicate that the applicant’s character is questionable. Credit checks are also done to see if the applicant has a history of financial irresponsibility. Criminal convictions, civil judgments and financial irresponsibility will reflect negatively on the applicant’s character and fitness to practice law.

Character and Fitness

When evaluating criminal convictions the question becomes whether the crime committed is one involving moral turpitude. Crimes of moral turpitude are usually defined as acts of lying, cheating or stealing. If an applicant has been convicted of a crime involving moral turpitude it is highly unlikely that they would be given a law license anywhere in the United States.

Felons

A person who has been convicted of a felony that was not considered a crime involving moral turpitude may be admitted in some states. However, any convicted felon faces an uphill battle in convincing the Character and Fitness Board that they are fit to practice law. Generally, a period of five years or so must have passed since the conviction and in this time period the person must have demonstrated that they are of good moral character. The Character and Fitness Board will consider factors such as the applicant’s remorse for the crime and their contribution to the community since the conviction.

The purpose of the Character and Fitness Board is to protect the public. If an applicant can convince the Board that they are of good moral character despite the felony conviction they may be admitted to practice law. In states such as Texas a felony conviction is not an automatic bar to getting a law license. In Texas they focus on acts of dishonesty involving lying, cheating and stealing. In Florida the Character and Fitness Board will not automatically reject a felony applicant but will consider the degree of the felony.

Although it is difficult, a person with a felony conviction can obtain a license to practice law in some states. The burden is on the applicant to prove to the Character and Fitness Board that despite their past actions they are of good moral character.

Sources

The Florida Bar News

The Texas Board of Law Examiners