Can You Become an Attorney with a Felony?
Becoming an attorney is a challenging and prestigious profession that requires dedication, hard work, and a strong educational background. However, for individuals with a felony conviction, the journey to becoming an attorney can be even more daunting. Can you become an attorney with a felony? The answer is a resounding "yes," but it’s essential to understand the complexities and obstacles involved.
Bar Association Admissions Requirements
To practice law in the United States, one must be admitted to the bar of the jurisdiction in which they wish to practice. The bar association admissions requirements vary by state, but most states have similar requirements. In general, to be admitted to the bar, a person must:
- Hold a Juris Doctor (J.D.) degree from an American Bar Association (ABA)-accredited law school
- Pass the state’s bar examination
- Be of good moral character
- Meet other qualifications specified by the state
The Impact of a Felony Conviction on Bar Association Admissions
A felony conviction can significantly impact an individual’s ability to be admitted to the bar. The American Bar Association (ABA) recommends that law schools and state bars consider the following factors when evaluating an applicant’s felony conviction:
• Nature of the crime: The type of crime committed, including its seriousness and potential impact on public trust
• Sentence imposed: The length and type of sentence imposed, including any probation or community supervision
• Mitigating circumstances: Any mitigating factors that contributed to the commission of the crime, such as youth, mental health issues, or coercion
• Behavior since the conviction: The applicant’s behavior and activities since the conviction, including any positive contributions or community service
Discretionary Factors
In determining whether to admit an individual with a felony conviction to the bar, law schools and state bars typically exercise discretion. The decision to admit an applicant with a felony conviction often involves a multi-factor analysis, including:
• The applicant’s background and character: The applicant’s overall background, including their education, work history, and community involvement
• The applicant’s rehabilitative efforts: Any efforts the applicant has made to rehabilitate themselves since the conviction, including education, training, or community service
• The impact on the public and the legal profession: The potential impact of the applicant’s felony conviction on the public and the legal profession, including any potential impact on public trust or confidence
Table: ABA Guidelines for Evaluating Felony Convictions
| Factor | Description | Impact on Admissions Decision |
|---|---|---|
| Nature of the crime | Type and seriousness of the crime | Can negatively impact admission if crime is violent or involves moral turpitude |
| Sentence imposed | Length and type of sentence | Can impact admission if sentence is severe or indicates a lack of remorse |
| Mitigating circumstances | Factors that contributed to the crime | Can positively impact admission if demonstrates a lack of accountability |
| Behavior since the conviction | Applicant’s activities since the conviction | Can positively impact admission if demonstrates positive change and rehabilitation |
Pathways to Becoming an Attorney with a Felony
While a felony conviction can present significant barriers to becoming an attorney, there are still pathways available for individuals who are willing to work hard and overcome the challenges. Here are some potential pathways to becoming an attorney with a felony:
• Petition for Admission with Conditions: In some cases, an individual with a felony conviction may be able to petition for admission to the bar with conditions. This may involve completing additional coursework, community service, or other rehabilitative measures before being admitted to the bar.
• State-Specific Programs: Some states have programs specifically designed to help individuals with felony convictions become attorneys. For example, the California Bar Foundation’s Second Chance Bar Preparation Program provides financial support and mentorship to individuals with felony convictions who are seeking to become attorneys.
• ABA-Approved Paralegal Programs: In some cases, an individual with a felony conviction may be able to work as a paralegal or legal assistant while taking classes to become an attorney. Many paralegal programs are ABA-approved and can provide a pathway to becoming an attorney.
Conclusion
Becoming an attorney with a felony conviction is a challenging and complex process. However, with determination, hard work, and a commitment to rehabilitation, it is possible to overcome the obstacles and achieve your goal of becoming an attorney. It’s essential to research the specific requirements and programs available in your state and to seek guidance from experienced attorneys and legal professionals who can help you navigate the process.
