Can you be a lawyer with a felony?

The rules

• Each state or territory decides who has the character and fitness to practice law; there is no national standard.^1,2

  NCBE says 'Jurisdictions make this determination' and that application processes 'are determined solely by the jurisdiction to which you are applying.' NCBE conducts character investigations for many jurisdictions but 'makes no determinations nor recommendations regarding who is eligible or ineligible to practice law.'

• How a felony is treated varies widely: a few jurisdictions bar it, several impose a waiting period or presumption, and many review it case by case.³

  NCBE's Comprehensive Guide (Chart 2, Character and Fitness Determinations) asks 'Will a felony conviction bar an applicant from admission?' Its notes describe, for example: Mississippi barring felony applicants except for manslaughter or Internal Revenue Code violations; the Northern Mariana Islands and Palau barring them without a full pardon; Kansas and Missouri barring applicants until five years after the sentence or probation ends; Connecticut applying a rebuttable presumption; Florida requiring restoration of civil rights and Georgia a pardon or restoration; Indiana treating a felony as prima facie evidence of a lack of good moral character; and the District of Columbia requiring a formal hearing. Confirm the current rule with the jurisdiction itself.

• Bar examiners look at the underlying conduct and your honesty in the process, not just whether there was a conviction.^4,5,6

  Texas's rules say a person may be found to lack character and fitness based on the underlying facts as well as the conviction (Rule 4(d)). The State Bar of California weighs criminal history, fraud, abuse of legal process, violations of court orders and unauthorized practice of law, and stresses 'Being forthright on the moral character application.' California requires disclosure of dismissed, sealed or expunged matters where the governing court order or statute requires disclosure to a licensing agency.

• Some jurisdictions let you get a character decision, or an advance ruling, while you're in (or applying to) law school.^4,6,7,8

  Texas requires first-time students at Texas law schools to file a Declaration of Intention to Study Law (Rule 6), which the Board says gives 'early notice of issues and concerns'; the Board has 270 days to finish its investigation. New York's Appellate Division, Fourth Department lets matriculated law students or law school applicants with a felony or misdemeanor conviction petition for an advance ruling on whether it would disqualify them (22 NYCRR 1015.18[o]). California lets registered law students file the moral character application and encourages filing before the last year of law study; processing takes at least about six months.

What can stand in the way

• Texas: a felony conviction or felony deferred adjudication creates a presumption against you until five years after the sentence is completed.⁴

  Rule 4(d)(1) creates a rebuttable presumption that the applicant lacks present good moral character and fitness for five years after completion of the sentence, for Texas felonies, felony deferred adjudication community supervision, and equivalent out-of-state crimes. After a denied petition for redetermination based on a felony, you must wait three years to file again (Rule 4(g)).

• Serious or recent misconduct needs a long record of exemplary conduct to overcome.^4,5

  The State Bar of California says rehabilitation must be 'commensurate with the significance of the misconduct' and that serious misconduct requires 'Exemplary conduct over an extended period'; remorse alone is not enough. Texas requires proof that you have been 'living a life of exemplary conduct' during the five years before applying to rebut its presumption (Rule 4(f)).

• Offenses involving dishonesty or fraud weigh especially heavily.^4,5

  California notes that a conviction of a crime with intent to defraud as an element involves moral turpitude. Texas's exceptions to its presumption do not apply to offenses related to the practice of law, among others (Rule 4(d)(2)).

Waivers and exceptions

• Most jurisdictions let you rebut the record with evidence of rehabilitation; in California no crime is an automatic bar.^4,5

  California: 'No criminal act automatically disqualifies you from receiving a positive determination.' Texas: you can rebut the felony presumption by proving by a preponderance of the evidence that admission serves the public and the profession and that you have present good moral character (Rule 4(f)).

• Texas: no presumption arises if the conviction was reversed on appeal, you were pardoned, or a deferred adjudication was dismissed and discharged.⁴

  Rule 4(d)(2); the dismissal exception (Code of Criminal Procedure Art. 42A.111) does not apply to certain listed offenses, Penal Code Chapter 21 or 43 offenses, or offenses related to the practice of law.

• Conditional or deferred admission is available in some places.³

  NCBE's Chart 2 lists Texas as allowing conditional admission, including probationary licensing, and California as having a deferral program under which an applicant can enter an abeyance agreement for a set period.

• In New York's Fourth Department, an adverse advance ruling doesn't end your chances.⁸

  If the Court rules adversely or declines to rule, the decision is 'without prejudice' to applying again after passing the bar exam.

How states handle it

Mostly state: each state's (or territory's) highest court and its bar examiners or character committees set the rules. NCBE publishes a national comparison chart and investigates for some jurisdictions but decides nothing. Check the admission rules of the jurisdiction where you want to practice.

• Texas

  A Texas felony or felony deferred adjudication creates a rebuttable presumption against good moral character until five years after the sentence is complete; law students file a Declaration of Intention so the Board of Law Examiners can flag issues early.⁴

• California

  The State Bar of California says no criminal act automatically disqualifies you; it weighs severity, timing, frequency and rehabilitation, and serious misconduct requires exemplary conduct over an extended period.⁵

• New York

  Each Appellate Division evaluates character and fitness through a Committee on Character and Fitness that interviews every applicant; the Fourth Department lets law students and law school applicants with convictions petition for an advance ruling.⁸

What to do next

1. Decide which state you most likely want to practice in, and find its bar admission authority (NCBE's character and fitness pages list each jurisdiction's agency).
2. Read that jurisdiction's admission rules on felonies: is there an outright bar, a waiting period after your sentence ends, a presumption you must rebut, or case-by-case review? NCBE's Chart 2 is a starting point, but confirm with the jurisdiction.
3. Before or right after you start law school, use any early review the jurisdiction offers (for example the Texas Declaration of Intention, a New York Fourth Department advance ruling, or an early California moral character application).
4. Get every police report, charging document, judgment and proof of completed sentence, probation, fines and restitution; bar examiners look at the underlying facts.
5. Build a rehabilitation record: steady work or school, community service, treatment if relevant, and references who know your history.
6. Be completely candid on your law school and bar applications; inconsistencies or omissions are treated as character problems in themselves.
7. If you receive an adverse preliminary decision, use the hearing or redetermination process and note any waiting period before you can try again.

Where to ask

• NCBE character and fitness

  How character review works and links to each jurisdiction's admitting agency.

• NCBE Comprehensive Guide, Chart 2

  Jurisdiction-by-jurisdiction comparison, including whether a felony bars admission.

• Texas Board of Law Examiners rules

  Rule 4 (character and fitness, felonies) and Rule 6 (Declaration of Intention).

• State Bar of California moral character

  What California weighs.

• NY Fourth Department bar admission

  Character review and advance rulings for applicants with convictions.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.