Legal Question in Criminal Law in California

Moral Character Determinations for CA Bar Exam- when it is okay to not list a cr

I was charged with a misdemeanor/petty theft (2) years ago. I was released, given a court date, etc. I proceeded to hire an attorney, and she was able to get the charge dropped to an infraction/petty theft. My question is now this: on the Moral Character Determination segment listing criminal convictions (I am a 3rd year law student), do I need to list this incident when it only asks whether I have been convicted of a misdemeanor or felony? I admittedly was originally charged with a misdemeanor petty theft, but on my record and as a result of my lawyer's plea bargain, all I have on my record now is an infraction petty theft. Because I know the consequences for being dishonest on the Moral Character Determination application are harsh, I wanted to be sure that checking the box ''NO'' next to ''whether you have been convicted of a misdemeanor or felony'' would be okay. It doesn't seem like I would be dishonest in saying ''NO'', because I was not convicted of a misdemeanor petty theft, but for an infraction petty theft. Any help would be great in sorting out this predicament.


Asked on 8/22/01, 10:04 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Moral Character Determinations for CA Bar Exam- when it is okay to not list

The folks that I've met at the State Bar are very bright. They ask you if you've been convicted of a Misdemeanor or Felony they mean that and nothing else. However, I'd go to the court and check your file to make sure that what you believed to be an infraction was in fact an infraction. Check both the Tahl form you singed and the court (room) clerk's minutes from your appearance.

Then ask the criminal clerk and get from him/her the form that you use to have the conviction removed from your record (if the informal probation period you may have been placed on has expired).

After the removal of the conviction from your record has been accomplished you may then answer 'No' to either a misdemeanor or felony conviction. The old P. C. Section 1203.4 or 1204.3 authorized it, and it's been deleted. However, I'm sure another section provides for it. Check it out at your law schools library in the book CEB California Criminal Law.

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Answered on 8/23/01, 5:03 pm


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