I am not required to report arrests, so why is the State Bar able to receive arrest information?
The criminal record information provided by the DOJ and FBI includes arrest and conviction records. The DOJ does not have a policy to limit criminal record information to only include convictions.
What information will the State Bar receive back from the DOJ and/or FBI?
The State Bar will receive criminal record information from both the DOJ and the Federal Bureau of Investigation (FBI). This information specifically includes a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, court-ordered rehabilitation conditions, and release. The DOJ will send the State Bar notification of subsequent California arrests and the disposition of those arrests. At this time, the FBI will not send notification of out-of-state arrests to the State Bar.
Will the State Bar retain my fingerprints?
No. The DOJ will retain fingerprints only for the purpose of notifying the State Bar of subsequent criminal offense information.
I was already fingerprinted for another reason (i.e., as a notary, as an employee in the public sector). This means the DOJ already has my fingerprints. Do I still need to be fingerprinted?
Yes. It is a DOJ policy to limit disclosure of fingerprint records to the contractual agreement specific to the requesting agency. Fingerprints are not transferable from one agency to another.
I was already fingerprinted when I applied for admission to the State Bar, so the State Bar should have my fingerprints. Why can't the State Bar just use those fingerprints to obtain my criminal record information?
The State Bar is not in possession of the majority of attorney fingerprints. As part of the moral character review process, applicants provide the State Bar with fingerprint cards or fingerprints are submitted electronically directly to the DOJ. A contract with the DOJ is required in order for the State Bar to receive subsequent notification of arrests and conviction information from the DOJ for attorneys admitted to the State Bar or multijurisdictional practitioners. The State Bar entered into this contract on July 1, 2017. As a result, the vast majority of attorneys will need to be re-fingerprinted.
A Subsequent Arrest Notification (SAN) services contract between the State Bar and the DOJ was finalized on June 28, 2017, effective July 1, 2017, to address the error of not securing SAN services on all persons admitted to the State Bar. Due to DOJ policies, the SAN services cannot be applied retroactively. Accordingly, the Supreme Court of California is requiring the resubmission of attorney fingerprints to the DOJ.
The State Bar invites members of the public to review and comment on a sweeping set of regulatory reform options for improving access to legal services, developed by the Task Force on Access Through Innovation of Legal Services (ATILS).
The State Bar of California announces that two new hearing judges have been appointed to the State Bar Court by the Legislature: Judge Dennis G. Saab in Los Angeles, and Judge Phong Wang in San Francisco.
The State Bar Board of Trustees on July 11 authorized a 60-day public comment period for a sweeping set of regulatory reform options for improving access to legal services, developed by the Task Force on Access Through Innovation of Legal Services (ATILS).
