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Bar Application - Moral Character Question

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UberMitch

Junior Member
What is the name of your state?What is the name of your state? California

In preparation for taking the Cal Bar next summer, I am filling out the Moral Character Determination form. See http://www.calbar.ca.gov/calbar/pdfs/admissions/Moral-Character/adm_app_moral-character_1003.pdf. Question 12.1 wants to know if I have been convicted of a felony. Question 12.5 wants to know if I have had a charge dismissed pursuant to a statute (meaning a diversion program).

I have had a felony charge dismissed pursuant to the Rhode Island Adult Diversion program. However, this program was not created by statute, but rather by the Attorney General's discretionary power. See http://www.riag.state.ri.us/criminal/diversion.php.

Am I okay then not checking box 12.5? Strictly reading the language of the instructions, I did not have a charge dismissed pursuant to a statute. I just dont want to screw up and make things worse.

Thanks for the help.
 


You Are Guilty

Senior Member
UberMitch said:
What is the name of your state?What is the name of your state? California

In preparation for taking the Cal Bar next summer, I am filling out the Moral Character Determination form. See http://www.calbar.ca.gov/calbar/pdfs/admissions/Moral-Character/adm_app_moral-character_1003.pdf. Question 12.1 wants to know if I have been convicted of a felony. Question 12.5 wants to know if I have had a charge dismissed pursuant to a statute (meaning a diversion program).

I have had a felony charge dismissed pursuant to the Rhode Island Adult Diversion program. However, this program was not created by statute, but rather by the Attorney General's discretionary power. See http://www.riag.state.ri.us/criminal/diversion.php.

Am I okay then not checking box 12.5? Strictly reading the language of the instructions, I did not have a charge dismissed pursuant to a statute. I just dont want to screw up and make things worse.

Thanks for the help.

Gee, you don't think playing 'cutesey' on your Bar application won't make it worse? Nothing like getting a head-start on your career of lying, I guess. Good luck with that. Oh, and please stay in CA.
 

divgradcurl

Senior Member
UberMitch said:
What is the name of your state?What is the name of your state? California

In preparation for taking the Cal Bar next summer, I am filling out the Moral Character Determination form. See http://www.calbar.ca.gov/calbar/pdfs/admissions/Moral-Character/adm_app_moral-character_1003.pdf. Question 12.1 wants to know if I have been convicted of a felony. Question 12.5 wants to know if I have had a charge dismissed pursuant to a statute (meaning a diversion program).

I have had a felony charge dismissed pursuant to the Rhode Island Adult Diversion program. However, this program was not created by statute, but rather by the Attorney General's discretionary power. See http://www.riag.state.ri.us/criminal/diversion.php.

Am I okay then not checking box 12.5? Strictly reading the language of the instructions, I did not have a charge dismissed pursuant to a statute. I just dont want to screw up and make things worse.

Thanks for the help.

I know several people who have taken and passed the CA bar and are STILL not attorneys because they haven't been able to clear moral character. The CA bar sucks -- if you do pass it, you don't want to be still trying to clear moral character. One guy I know of finally did clear moral character, but only after the 2-year period that bar results are good for was up, so he had to go and take the bar AGAIN, even though he passed the first time. You don't want this to be you.

They care less about what convictions you have (unless they are "moral turpitude" offenses) than they do about "candor." Don't count on them not finding out if you leave it off -- the moral character examiners have no qualms about taking 12 or 18 months to do a "thorough" background check if they think it is warranted...

Put it this way -- if your crime was a "moral turpitude" type crime, then you are going to have a tough time either way. If it wasn't a "moral turpitude" type crime, then the only way it will likely cause you significant trouble is if you fail to disclose it and they find it anyway, and then you are toast.
 

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