Can someone with a felony conviction become an attorney in the U.S.?

Question

I teach college courses in state correctional facilities. A student posed this question to me. I know that people with felonies are not allowed to become attorneys in some states, but I don't know if the restriction applies to all states. Thanks.

Answer 1

The conviction of a felony is not an automatic disqualification for a person becoming a lawyer. However, the applicant must show "good moral character." (some find this humorous considering the profession, but I digress).

A conviction will in every state raise a big red flag. An investigation will commence, and the burden is on the applicant to show that his conduct as an attorney will be above reproach.

What does this mean? It all depends on the state and, more importantly, the person performing the investigation and making the recommendation to the licensing authority.

It is not uncommon for an attorney, licensed to practice law, to be convicted of a felony, have his license suspended or revoked, and then have his license reinstated. However, the number of felons who request licensure and are denied is not known as their information (applications for the bar) are typically not public information.

In many (I believe most) states, the question about what is "moral turpitude" is a fluid issue, depending heavily on the facts and circumstances of the individual who is applying.

It is NOT out of the question that a person applying for licensure would be accepted. However, the applicant should be prepared for an in-depth investigation, and should be prepared with references of good character with the knowledge that these references will be checked. This is not to guarantee licensure, but your students should know that there is hope.

Answer 2

Unlike other comments,

It is possible to become an attorney, even a judge, with a felony conviction.

It all depends when the conviction happened? As a juvenile you should know that your record is sealed and expunged, colleges and law schools DO NOT have access to this information.

As an adult: part of becoming an attorney or judge is the fact of moral character and reinstitution. Going to law school, getting a degree, show's that you want to do better, law firms and government agencies usually don't deny those type of people.

I've known of several judges and attorneys who, even though had horrible juvenile records or criminal records, went on to become very successful.

Bottom line, if you're dedicated, show excellent judgement and maintain a high GPA in college/law school, you'll get to where you want to. Don't let anything or anyone stop you.

Answer 3

Very unlikely.

Almost all states require some sort of "moral character" determination to become an attorney. As part of that determination, the state evaluates past convictions and prior bad acts involving moral turpitude or fraud.

While felonies are not automatic disqualification in all states, the type of the crime and how recent it is would be factors in determining if the person has sufficiently rehabilitated.

Answer 4

That's not a prerequisite????