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 that may assist applicants in understanding how their past conduct could impact a 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 lawsuit if I was a member of the class, or a named party?
The moral character application requires disclosure of all civil cases in which you were a party, including divorces, dissolutions, and class action cases in which you were a named plaintiff or defendant. You are not required to disclose class action lawsuits in which you were a member of the class, but not a named party.
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 in which you were a party.
If I reported an incident of sexual assault or sexual harassment to an educational institution (e.g., submitted a Title IX complaint), do I have to disclose the matter on my moral character application as a civil action or administrative proceeding?
No. An applicant who reported an incident of sexual assault, sexual harassment, or other sexual misconduct to an educational institution (e.g., to a Title IX Office) is not required to disclose the incident on the moral character application as a civil action or administrative proceeding.
However, if a complaint against you was submitted to an educational institution, 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? Should I update my law school application if I am arrested or convicted during law school?
Criminal history questions on law school applications vary widely. The State Bar is unable to provide advice concerning any particular application, including whether the application requires disclosure of arrests, convictions, or other criminal history information. An applicant should contact their law school for information about its application disclosure requirements, and under what circumstances updates to the law school application are required.
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 moral character determination?
If an undisclosed arrest is discovered during the processing of a moral character application, the applicant may be asked to provide related information; 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 section 1203.4 requires disclosure of the underlying conviction in response to any direct question contained in an application for licensure by a state agency.
Do I have to disclose a criminal matter that did not result in a conviction because it was dismissed pursuant to a pretrial diversion agreement or a deferred prosecution agreement?
Maybe. You are required to disclose any criminal matter in which you entered a plea of guilty or nolo contendere (no contest), even if the matter ultimately was dismissed pursuant to, for example, a pretrial diversion agreement or deferred prosecution agreement.
Do I have to disclose traffic violations?
Maybe. You are required to disclose traffic violations that resulted in a misdemeanor or felony conviction; any alcohol or drug-related traffic violation, regardless of its classification; and convictions for driving with a suspended or revoked license, or failure to appear in court.
