How do I obtain law enforcement and criminal court records that I am required to submit with my application?
Contact the citing or arresting agency to obtain a copy of a law enforcement report and contact the court where the related proceedings were held to obtain a copy of the charging document, court docket, and judgment (please see Form 2 for the complete list of required documents). You must contact each agency to determine whether records may be requested or obtained online, in person, or through the mail. The identity of the citing or arresting agency sometimes may be found in related court documents. An attorney who represented you, or the prosecutor’s office, such as the District Attorney or City Attorney, may be able to assist in identifying the court in which certain proceedings were held.
What do I do if I am required to disclose a criminal offense but am unable to obtain the required law enforcement or court records?
Please submit documentation of your unsuccessful attempts to obtain law enforcement or court records, such as a letter from the relevant entity explaining why the record is unavailable.
Are there criminal offenses that disqualify an applicant from receiving a positive moral character determination? Will a misdemeanor or felony conviction prevent me from obtaining a positive moral character determination?
No. There is no act of misconduct that automatically disqualifies an applicant from obtaining a positive moral character determination. The State Bar makes moral character determinations on a case-by-case basis, considering each applicant’s history. When an applicant has criminal history, the State Bar determines whether sufficient rehabilitation has occurred to warrant a positive moral character determination. Please review the Moral Character Guidelines for additional related information.
Am I required to disclose a disputed debt on my moral character application? Am I required to disclose student loan defaults?
Yes. The moral character application requires disclosure of all debts that exceed $10,000 and are delinquent at the time the application is submitted.
Do I need to provide a credit report with my moral character application?
Maybe. If you disclose a delinquent debt, you must provide a current credit report. A credit score summary is not acceptable in lieu of a complete credit report.
Will I be denied admission solely because I owe money on my credit card, or I have declared bankruptcy?
No. Neither indebtedness nor bankruptcy necessarily is relevant to a moral character determination. Moral character issues may arise if indebtedness was handled irresponsibly, or bankruptcy was used to defraud creditors.
Do I have to disclose undergraduate and law school discipline on the moral character application?
Yes. If you have been found to have violated the honor code, conduct code, or other rules governing conduct at an educational institution; or have been warned, dropped, suspended, placed on disciplinary probation, expelled, allowed to withdraw in lieu of discipline, or otherwise subjected to discipline by any educational institution, you must disclose the incident on the moral character application.
How will a military discharge “under” or “other than” honorable conditions, or a “dishonorable” discharge affect a moral character determination?
A nonjudicial punishment, court-martial, resignation in lieu of court-martial, administrative discharge, or a discharge that is not “honorable” may be relevant to a moral character determination, but it does not automatically disqualify an applicant from receiving a positive moral character determination. The specific circumstances of the incident will be considered.
Do I need to submit a copy of a non-California driving record?
Maybe.
For the Determination Application, you must report all driver’s licenses issued to you within the last 10 years. For each jurisdiction, other than California, in which you have held a driver’s license within the last 5 years, you must provide a copy of your driving record that meets the following requirements: an original, certified copy; issued within 6 months of the date on which the current application is submitted; containing at least 5 years of your driving history, unless the jurisdiction is only able to provide a shorter history.
For the Extension Application, you must report all driver’s licenses held since your prior application. For each jurisdiction, other than California, in which you have held a driver’s license since your prior application, you must provide a copy of your driving record that meets the following requirements: an original, certified copy; issued within 6 months of the date on which the current application is submitted; and contains at least 3 years of your driving history, unless the jurisdiction is only able to provide a shorter history.
If a driving record is in a language other than English, you must provide a certified English translation with the driving record. You may not translate your own documents.
If the jurisdiction that issued the driver’s license will not provide a copy of a driving record, a letter from the agency stating that no record will be provided should be submitted in lieu of the driving record.
My out-of-state driving record may take two to four weeks to obtain. Should I wait to submit my moral character application until I can submit the driving record?
Yes. A certified copy of each out-of-state driving record must be uploaded to the moral character application prior to submission. An application received without the out-of-state driving record(s) will be considered incomplete and will delay the processing of the moral character application.
