Can I receive a moral character determination before enrolling in law school?
No. You are not eligible to file a moral character application until you commence the study of law and register as a law student with the State Bar. The State Bar has published Moral Character Guidelines to assist applicants for law school and the State Bar in understanding whether their past conduct might impact getting a positive moral character determination, which is a prerequisite for admission to the practice of law.
Do I have to disclose my divorce or dissolution? Do I have to disclose a class action suit to which I was a party?
Yes. The moral character application requires disclosure of all civil actions, including but not limited to divorce, dissolution, and class action cases in which you were a named plaintiff or defendant.
Do I have to disclose an administrative matter, such as a Department of Motor Vehicles hearing involving a driver’s license suspension or a hearing before the Employment Development Department?
Yes. You are required to disclose all administrative matters to which you have been a party.
If I reported an incident of sexual assault or sexual harassment to an educational institution (undergraduate, graduate, or law school), do I have to disclose the matter on my moral character application as a civil action or administrative proceeding to which I was a party?
No. An applicant who reported an incident of sexual assault or sexual harassment to an educational institution is not required to disclose the incident on the moral character application as a civil action or administrative proceeding to which the applicant was a party.
However, if a complaint was filed against you and you were formally or informally dropped, suspended, warned, placed on disciplinary probation, expelled, or requested to resign or allowed to resign in lieu of discipline from the educational institution, you must disclose this information on the moral character application in response to the question about scholastic discipline.
Can I take the California Bar Examination if I have a criminal record?
Yes. Eligibility to sit for the California Bar Examination is based upon your legal education. An applicant’s criminal history is addressed in the moral character application, which is separate and distinct from the bar exam application.
Do I have to disclose my criminal history on my law school application?
The State Bar is unable to provide advice concerning the completion requirements of law school applications, including whether disclosure of certain criminal matters is required. An applicant should consult the law school concerning the completion requirements for its application.
On my law school application, I disclosed an arrest that did not result in charges. If the moral character application does not require that I disclose this arrest, how will the discrepancy affect the review of my application?
If an undisclosed arrest is discovered during the processing of a moral character application, the applicant may be asked to provide a narrative of the events and supporting documentation; however, if the arrest was not required to be disclosed on the moral character application, the nondisclosure will not impact the determination.
Do I have to disclose a pending criminal matter in my moral character application? Do I have to disclose a criminal conviction that was dismissed pursuant to section 1203.4 of the California Penal Code?
Yes. Pending criminal matters must be disclosed, and convictions dismissed pursuant to section 1203.4 must be disclosed.
Do I have to disclose a criminal matter that was dismissed pursuant to a pretrial diversion agreement?
Maybe. You are required to disclose criminal matters in which you entered a plea of guilty or nolo contendere (no contest), even if the matter ultimately was dismissed without a judgment of conviction being entered or sentence imposed after you completed the terms of a diversion agreement. You are not required to disclose an arrest or charges that did not result in a misdemeanor or felony conviction unless you entered a plea of guilty or nolo contendere (no contest) or the matter is pending when you submit your application or during the processing of your application.
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 may sometimes be found in related court documents. 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.
