Moral Character Determination Application Instructions

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OFFICE OF ADMISSIONS

INSTRUCTIONS FOR APPLICATION FOR DETERMINATION OF MORAL CHARACTER AND


APPLICATION FOR EXTENSION OF DETERMINATION OF MORAL CHARACTER

Please read these instructions carefully. Each applicant is required to be aware of all requirements
that follow and to comply with each one that is applicable. Online submission of applications is
preferred. Applications may be submitted in hard copy upon the applicant’s request. If submitted in
hard copy, the completed application form must be typewritten or legibly printed in ink.

In answering questions appearing on the Application for Determination of Moral Character,


applicants should consider the following:

Rule 4.40, Title 4, Division 1, Chapter 4 of the Rules of the State Bar of California (Admissions Rules)
states:

(A) An applicant must be of good moral character as determined by the State Bar. The applicant
has the burden of establishing that he or she is of good moral character.

(B) “Good moral character” includes but is not limited to qualities of honesty, fairness, candor,
trustworthiness, observance of fiduciary responsibility, respect for and obedience to the law,
and respect for the rights of others and the judicial process.

Rule 4.41(A) of the Admissions Rules states:

“…An attorney who is suspended for disciplinary reasons or disbarred, has resigned with
disciplinary charges pending or is otherwise not in good standing for disciplinary reasons in any
jurisdiction may not submit an application.”

RULES OF THE STATE BAR OF CALIFORNIA

The Application for Determination of Moral Character and Application for Extension of
Determination of Moral Character will be processed in accordance with the Admissions Rules.
Current Admissions Rules are available on the State Bar website or upon request from the Office of
Admissions.

San Francisco Office Los Angeles Office


180 Howard Street 845 S. Figueroa Street
San Francisco, CA 94105 www.calbar.ca.gov Los Angeles, CA 90017
IF SUBMITTING THE APPLICATION IN HARD COPY

The completed and signed application form, fingerprint cards or a completed Request for Live Scan
Service form, any necessary attachments, and correct fees in the form of a credit card, personal
check, cashier’s check, or money order payable to the State Bar of California, must be mailed in an
envelope to the following address:

Office of Admissions
The State Bar of California
845 South Figueroa Street
Los Angeles, CA 90017-2515

REGISTRATION

Applicants submitting an Application for Determination of Moral Character must have registered as a
law student or as an attorney applicant with the State Bar prior to submitting the application. If an
applicant has not done so, registration may be completed through the Applicant Portal.

FEES AND FILING INFORMATION (FEES SUBJECT TO CHANGE)

Application for Determination of Moral Character $551.00

Application for Extension of Determination of Moral Character $265.00

FEE PAYMENT WHEN SUBMITTING APPLICATIONS IN HARD COPY FORM

Make a personal check, cashier’s check, or money order payable to the State Bar of California or
complete the Credit Card Authorization Form, which is at the end of the application. A Mastercard,
Visa, personal check, cashier’s check, or money order payment is required for submission and
acceptance of this application. For credit/debit card payments, a processing fee of 2.5 percent will
be added to all charges. If your credit/debit card transaction is denied, you will not be able to
submit your application until you provide another form of payment.

To pay by a personal check, cashier’s check, or money order, you must mail the payment to the
Los Angeles Office of Admissions. Your application will not be considered complete until payment
is received. If the personal check, cashier’s check, or money order is returned for insufficient
funds, your payment will not be considered valid. There is no processing fee associated with
personal check, cashier’s check, or money order payments.

APPLICATION FOR EXTENSION

When an Application for Determination of Moral Character is about to expire, in order to avoid
completing the determination application again, an applicant must submit an Application for
Extension of Determination of Moral Character. An Extension Application must be filed by an

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applicant no sooner than every 30 months and no later than every 36 months after an initial
determination of good moral character has been made by the State Bar, and after each subsequent
determination, until such time as the applicant is certified for admission to practice law in California.
The Extension Application must be accompanied by the fee specified in the schedule of fees
published by the State Bar and by two sets of fingerprints for out-of-state applicants. Applicants who
reside in California must submit fingerprints via Live Scan technology. If submitted online, requests
for Live Scan Service forms will be emailed to applicants after their applications have been
submitted. The Extension Application must be uploaded or otherwise received in the Los Angeles
Office of Admissions on or before the expiration date.

REAPPLICATION SUBSEQUENT TO RECEIPT OF AN ADVERSE MORAL CHARACTER DETERMINATION

Following the expiration of the designated time period, applicants who have received an adverse
moral character determination must file a complete Application for Determination of Moral
Character form with the appropriate fee. If submitting a hard copy application, the completed form
and fee must be forwarded to the Los Angeles Office of Admissions.

COMPLETION OF INVESTIGATION

Applications for Determination of Moral Character and Applications for Extension of Determination
of Moral Character generally will be processed in a minimum of 180 days, and the process may take
additional time if there are issues in an applicant's background that require further investigation
and/or review by the State Bar.

Applicants are encouraged to file their Application for Determination of Moral Character at the
beginning of their last year of law study, and all applicants are encouraged to file at least eight to ten
months prior to the date they wish to be licensed to practice law in California.

Failure to file your Determination Application or Extension Application in a timely manner could
delay your admission to practice law.

During the course of each moral character investigation, the State Bar routinely contacts many
sources and outside agencies; therefore, staff may not be able to provide information on the status
of the investigation until approximately 120 days have elapsed. If in the course of the investigation
staff requires further information or documentation, applicants will be contacted prior to the
completion of the investigation. Applicants will be notified when the investigation has been
completed.

Any questions regarding the status of an application after the lapse of 120 days should be made via
the Applicant Portal or submitted in writing.

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COMPLETION OF APPLICATION

All questions on the application must be answered; otherwise, the application will be considered
incomplete. Before submitting an application, applicants should check to ensure that all questions
have been answered, all applicable forms have been completed and uploaded (or attached if the
application is submitted in hard copy form), and the Authorization and Release is signed. The
applicant must also submit the requisite fingerprint form. Any application not meeting these
requirements is considered incomplete and will not be considered filed until it is brought to a
complete status. If submitting the application in hard copy form, the application must be received in
the Los Angeles Office of Admissions within 30 days of the date the Authorization and Release was
signed.

If you are submitting the application in hard copy form and the application does not provide
sufficient space for the response to a question, the response should be continued on a separate
piece of paper and attached to the back of the application.

If you are submitting the application in hard copy form, you should retain a copy of your completed
application for reference in the event that another application must be filed in the future.

APPLICATION, ATTACHMENTS, AMENDMENTS, AND APPLICATION ABANDONMENT

ATTACHMENTS

All supporting documents must be uploaded via the Applicant Portal.

For hard copy applications, all supporting documents must be attached to the back of the
application. Other letters or requests of any kind must be sent under separate cover.

PROOF OF ADMISSION (All Attorney Applicants)

Applicants must submit an original Certificate of Good Standing (CGS) as proof of admission from
each U.S. jurisdiction (except federal courts), and each foreign jurisdiction in which the applicant has
been admitted. The CGS must be issued by the jurisdiction within six months of the date the moral
character application is submitted online or received by the Los Angeles Office of Admissions for
applications submitted in hard copy form.

A CGS from each domestic and foreign jurisdiction must be submitted with the initial moral character
application and with each subsequent Application for Determination of Moral Character
(Determination Application), and each Application for Extension of Determination of Moral Character
(Extension Application). Domestic and foreign attorneys on inactive status must submit an original
letter from the jurisdiction confirming no disciplinary action is pending or related to the “inactive”
status. The letter must be issued by the jurisdiction within six months of the application submit date.
Submission of foreign-language documents must include a certified English translation.

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DRIVER’S LICENSE

Determination Application: Applicants must report all driver’s licenses ever issued to them in the
application. For each jurisdiction, other than California, in which an applicant has held a driver’s license
within the last 10 years or since the age of 18, whichever is shorter, the applicant must provide a copy
of their driving record that meets the following requirements: an original and certified copy, issued
within six months of the date on which the current application is submitted, and contains at least five
years of their driving history or the longest timeframe provided by the jurisdiction, whichever is shorter.

Extension Application: Applicants must report all driver’s licenses held since their prior application. For
each jurisdiction, other than California, in which an applicant has held a driver’s license since their prior
application, the applicant must provide a copy of their driving record that meets the following
requirements: an original and certified copy, issued within six months of the date on which the current
application is submitted, and contains at least five years of their driving history or the longest
timeframe provided by the jurisdiction, whichever is shorter.

Submission of foreign-language documents must include a certified English translation.

APPLICATION AMENDMENTS

Changes to previously submitted information on the online application must be sent via the
Applicant Portal and include the applicable forms and any supporting documentation. Changes to
hard copy applications may be submitted in writing and must include any applicable forms and
supporting documentation.

APPLICATION ABANDONMENT – ONLINE APPLICATIONS

Once an application is submitted, it will be reviewed and the application status will be changed to
Pending Applicant status if the application is deemed to be incomplete. The applicant will receive an
email communication advising of the deficiency. Moral character applications that are not brought to
complete status within 60 days of the Pending Applicant status date will be deemed abandoned (Rule
4.43 of the Admissions Rules). Once the moral character application has been completed, if the
applicant receives notice to provide additional information or documentation but does not provide such
information or documentation within 90 days of the request, the application will be abandoned. No
refund of fees will be paid in the event a moral character application is deemed abandoned.

APPLICATION ABANDONMENT – HARD COPY APPLICATIONS

If an application is received and deemed incomplete, the applicant will receive a letter describing any
deficiencies. If the application is not brought to a complete status within 60 days of written
notification to the applicant, the application will be deemed abandoned (Rule 4.43 of the Admissions
Rules). This includes the lack of requisite fees, signature, or either two completed fingerprint cards or
a completed Request for Live Scan Service form. Once the moral character application has been
completed, if the applicant receives notice to provide information or documentation but does not

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provide such information/documentation within 90 days of the request, the application will be
abandoned. No refund of fees will be paid in the event a moral character application is deemed
abandoned.

APPLICANT’S DUTY TO UPDATE APPLICATION

Applicants for admission to practice law in California have a continuing duty to update responses to
questions on the application whenever there is an addition to or change in information previously
furnished. The applicant will not be eligible for certification until the application is current.

REFERENCES

Confidential Questionnaires will be sent by the Office of Admissions to references, employers,


licensing agencies and law schools listed on the application. In order to decrease the likelihood of a
possible administrative delay in admission, all confidential questionnaire responses must be returned
to the Office of Admissions as soon as possible.

Please note: Contacting employers is part of the administrative screening process required of all
applicants pursuant to Chapter 4 of the Admissions Rules. You submit your application with the
understanding that you are willing to have your employers contacted.

APPLICATION ACKNOWLEDGMENT

An application acknowledgement email will be sent following submission of the application for
applications submitted online and in hard copy. All applicants are encouraged to check the
application status via the Applicant Portal. Hard copy applications will not be considered completed
and filed until the hard copy application and all required documents have been received.

LAW SCHOOL DECLARATION

A Law School Declaration form will be sent by the Office of Admissions to each law school an
applicant has attended.

WITHDRAWAL OF APPLICATION

Withdrawal of Determination or Extension Applications and requests for refunds received within 30
days of the online submission date or after receipt of the hard copy application will be honored with
a 60 percent refund of all fees paid in conjunction with the application. Withdrawal requests
received after 30 days will not be entitled to a refund.
An applicant may withdraw their application at any time prior to being notified that a determination
of moral character cannot be made because of the need for further inquiry and analysis. An applicant
may withdraw their application after receipt of such notice only with the consent of the Office of
Admissions.

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FINGERPRINTS

Section 6054 of the California Business and Professions Code mandates that the State Bar of
California:

. . . require that an applicant for admission or reinstatement to the practice of law in


California, or may require a licensee to submit or resubmit fingerprints to the Department
of Justice in order to establish the identity of the applicant and in order to determine
whether the applicant or licensee has a record of criminal conviction in this state or in
other states. The information obtained as a result of the fingerprinting of an applicant or
licensee shall be limited to the official use of the State Bar in establishing the identity of
the applicant and in determining the character and fitness of the applicant for admission
or reinstatement, and in discovering prior and subsequent criminal arrests of an applicant,
licensee, or applicant for reinstatement. . . .

An Application for Determination of Moral Character or Application for Extension of Determination


of Moral Character will not be considered complete without the appropriately processed
fingerprints. Section 6054 also requires: “All fingerprint records of applicants admitted or licensees
reinstated, or provided by a licensee, shall be retained thereafter by the Department of Justice for
the limited purpose of criminal arrest notification to the State Bar." Fingerprint records submitted in
connection with an admission application will be maintained by the California Department of Justice
for the limited purpose of compliance with the statute.

Pursuant to California Penal Code section 11105.2(f), the State Bar shall immediately notify the
California Department of Justice when an applicant is denied admission to the State Bar, in order for
the Department of Justice to terminate arrest notification services and cease retention of the
applicant’s fingerprint records.

LIVE SCAN PROCESSING

Applicants who are physically present in California must submit fingerprints via Live Scan technology
to be processed by both the California Department of Justice and the FBI. Requests for Live Scan
Service Forms will be emailed to applicants after their applications have been submitted or will be
provided with the hard copy application form. Please see Fingerprint Instructions for California
Residents.

FINGERPRINT CARD PROCESSING

Applicants who are physically outside of the State of California must submit prints on fingerprint
cards (FD-258). Please see Fingerprint Instructions for Out-of-State Residents.

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FINGERPRINT INSTRUCTIONS FOR APPLICANTS WHO ARE IN CALIFORNIA (LIVE SCAN)

Live Scan technology replaces the process of recording an individual’s fingerprints on fingerprint
cards. Online applicants must make one additional copy of the Live Scan Form, and applicants
submitting a hard copy application must make two additional copies that are to be taken to an
agency providing Live Scan services with a valid photo identification (expired photo identification
cards will not be accepted). The Live Scan operator must complete the last section of the Request for
Live Scan Service form on all copies. The Original Copy is retained by the Live Scan operator, the
Second Copy is attached to the completed hard copy Determination Application or the completed
Extension Application. Online applicants must upload the completed Live Scan Form via the applicant
portal. A copy is to be retained by the applicant. The list of agencies providing Live Scan
fingerprinting services in California may be obtained through the Office of the Attorney General-
California Department of Justice.

If an applicant’s prints are rejected because of poor quality, the applicant will be asked to return to
the original live scan location for reprinting. The applicant is to take their copy of the Request for Live
Scan Service form and a copy of the rejection notice sent to them by the Office of Admissions. The
printing agency will scan new prints and forward them to the Department of Justice for processing.
The reprinting service fee will be waived. Failure to provide the two stated documents will result in a
service charge for reprinting.

FINGERPRINT INSTRUCTIONS FOR APPLICANTS WHO ARE NOT IN CALIFORNIA (FBI FD-258
FINGERPRINT CARDS)

Effective July 1, 2005, the California Department of Justice only processes fingerprints through the
Live Scan Fingerprinting System unless an exemption is granted. Since only Live Scan Fingerprinting
Agencies located in California are utilized, applicants who do not reside in California are required to
submit, with their application, two fingerprint cards on FBI form FD-258. At times, there are delays in
processing fingerprint cards by criminal justice agencies or delays due to fingerprint card rejection by
those agencies, for which the Office of Admissions is not responsible. These delays may impact the
time needed to process an Application. The fingerprints must be taken by a law enforcement agency
(e.g., police department, sheriff's department) or by an agency that requires an applicant to provide
appropriate identification. If the official taking the fingerprints has difficulty obtaining prints of
acceptable quality because of the physical condition of the applicant's fingers (e.g., dermatitis), the
official should be requested to explain in writing why the prints are of the best obtainable quality.
That explanation should accompany the fingerprint cards. Fingerprints will be forwarded to the
California Department of Justice and FBI for a record check.

To obtain fingerprint cards (FD-258), contact your local law enforcement agency. Your law school
may be able to recommend a local police or sheriff’s office. You may also obtain fingerprint cards by
contacting the State Bar at 800-843-9053.

Two original and completed fingerprint cards must be mailed to the Los Angeles Office of
Admissions. Submission of the fingerprint cards via the Applicant Portal is not acceptable.

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Applicants must complete identifying information required on the fingerprint cards using only the
abbreviations listed below. Failure to provide all correct information will result in a delay in
processing the application, along with the return of the fingerprint cards for completion.

HAIR COLOR EYE COLOR WEIGHT (WGT) HEIGHT (HGT) SEX

Bald BAL Black BLK Express in pounds. Express in Feet and Inches Male M
Black BLK Blue BLU (Do not use fractions; (Do not use fractions; Female F
Blonde or Brown BRN round off to nearest pound.) round off to the nearest inch.)
Strawberry BLN Gray GRY
Brown BRN Green GRN Examples: 94 lbs. Examples: 5’11”
Gray or Partially GRY Hazel HAZ 186 lbs. 6’0”
Red or Auburn RED Maroon MAR 7’0”
Sandy SDY Pink PNK
White WHI

Questions regarding race, citizenship, OCA number, FBI number, armed force number and
miscellaneous number on the fingerprint cards are optional and do not require a response.

CHANGE OF CONTACT INFORMATION

It is the applicant’s responsibility to inform the State Bar of any Changes within 30 days.
Applicants must submit changes via the Applicant Portal, or in writing to the Los Angeles Office of
Admissions. All correspondence to applicants will be emailed or mailed to the current address on
file.

FURTHER COMMUNICATION

An official record of all communication between an applicant and the State Bar will be maintained.
Applicants should submit inquiries through the Applicant Portal so that staff may review the
relevant issues before discussing the matter with the applicant.

Applicants with inquiries that require immediate attention should call the State Bar at (800) 843-
9053. The State Bar’s Office of Admissions is open for the transaction of business between the
hours of 8:45 a.m. and 5:00 p.m., Monday through Friday, holidays excepted at:

845 South Figueroa Street


Los Angeles, CA 90017-2515

-or-

180 Howard Street


San Francisco, CA 94105-1639

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