They can sit for the bar exam. They may have a problem getting past the interview with the member of the character and fitness committee. I think it would depend on how long ago the offense occurred, the particular facts of the case, and other factors.
You can take the bar exam, but that does not mean that you would pass the character and fitness interview required to be admitted to the bar, especially for an ID theft conviction. But it could depend on the circumstances and the amount of time that has passed since the conviction.
You will be be able to sit for the New York Bar, unlike some other states. However, to be admitted to the New York Bar you will have to undergo an investigation by the character and fitness committee to review your past conduct to ensure that you are honest, trustworthy, diligent and reliable. Acts involving dishonesty, fraud, deceit, or misrepresentation will be investigated. Therefore, identity theft could prevent you from being admitted to the bar. That being said, other factors such as age at the the time of the conduct, recency, evidence of rehabilitation, positive social contributions, etc. will be analyzed and can mitigate past unfavorable conduct.
Lawrence H. SchoenbachCriminal Defense AttorneyNew York, NY ·
The simple answer is yes, absolutely you can take the bar. The problem you may have is with the Character and Fitness Committee. In New York the Committee interviews all candidates for admission to the bar AFTER they have passed the written examination. You will undoubtedly have an extensive review process and will have to explain the circumstances of the misdemeanor case. I imagine if you fall on your sword, accept responsibility for your conduct, and demonstrate that it was aberrational, you should be able to pass the Committee's review. My suggestion: pass the written exam and then be honest and open about your prior transgression. You should be ok.
You can abolsutely sit for the bar examination. However, before you can be admitted to practice law you must get clearance from the charater and fitness committee who will conduct a full background investigation. Many attorneys have been admitted to practice law despite a prior criminal conviction so as long as the conviction was not for a felony. Your siutation is a little tricky because the crime you were convicted of involves one of dishonesty and deceit. These types of crimes are not looked upon sympathetically by the character and fitness committee. If you plan on making a bid for admission to practice, I would highly suggest contacting an attorney who routinely deals with attorney disciplinary matters as he/she would be in a position to effectively present enough mitigating factors on your behalf to allow addmission to the bar. Good luck.
This person can sit for the bar. Every attorney must be interviewed by the Character and Fitness Committee. Depending on the circumstances this issue might or might not be a problem for bar admission.