Legal Question in Criminal Law in California
I was charged for crime back in 2007 for grand theft. The charge was later dropped to misdemeanor then it was expunged. I just recently got accepted to law school and I want to know with the charge that I have, would I be able to practice law in California. Would I pass the Moral Character?
2 Answers from Attorneys
Only the State Bar can answer this question, and only after a review of the documents.
You will still have to report this conviction to the State Bar on your application for determination of moral character. You should check with your law school; in the past, it was possible to submit the application early in your law school career, but I don't know if you can still do that.
You may also want to consult an attorney who specializes in State Bar discipline and admissions. Several of them advertise in California Lawyer and the California Bar Journal, the state bar publications that are sent to all lawyers. You should be able to find copies at your law school library.
Under Penal Code �1203.4, a person who is granted probation can apply to have the case dismissed after probation is complete. This is sometimes called an expungement, but it doesn't really expunge anything or seal your record. The conviction is still a part of the court's public records, which will also show the case was dismissed. You still must disclose the conviction when applying to be a police officer or for certain other jobs, or if asked on an application for a state license or to run for public office. It will not remove any restrictions on your right to own a firearm or relieve you of the requirement to register as a sex offender. The conviction can still be considered a prior offense; for instance, a prior theft conviction could make any future petty theft a felony, or a prior DUI conviction could be used to increase the punishment in subsequent DUI convictions.
It is up to the State Bar. You should consult with your law school counselor and ask for opinion, before you waste time and money on school. .
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