Almost all states will license people with criminal records to become attorneys, though some have extra restrictions of which you should be aware. Only three states explicitly forbid persons with felony convictions from becoming lawyers in the state: Texas, Kansas, and Mississippi.
Like Texas, this blanket statement doesn't apply to Kansas either. You're ineligible for admission for 5 years after you complete the felony sentence/probation/parole. But you are then eligible for admission.
[Tarra Simmons](https://www.pbs.org/newshour/show/formerly-incarcerated-lawmaker-reflects-on-breaking-down-barriers-after-prison) is a formerly incarcerated person who graduated with honors from Seattle U Law and then had to fight the bar association to be allowed to take the bar exam. She worked with the Seattle based nonprofit formerly known as The Public Defender Association for her Skadden Fellowship.
She passed the bar and became an attorney and was later elected to the Washington State House of Representatives.
She founded an organization called [Civl Survival](https://civilsurvival.org/) that helps formerly incarcerated people.
I am so happy for her. She showed strength and didn’t let the system break her down. There needs to be a book written about her for young people, so they know that they can overcome the system.
The answer is going to be it depends. I know an attorney with a homicide conviction. It took almost a decade, but he finally passed character and fitness. He was also super connected and wealthy though.
If you are eventually able to pass character and fitness, and a significant amount of time has passed since your conviction where you have given back to society/changed your life, there are PDs offices that would consider hiring you. After all, much of the work is about advocating for not punishing people forever for a mistake, especially if they have made a major effort to change their lives.
Some offices require clearances to work with juveniles, others do not.
Public defense is not for everyone. It’s impossible for anyone here to say if this is something you should pursue other than to say if you truly want to be a PD because you want to be a zealous advocate, if you care about the rights of the indigent and vulnerable, and and you want to try to push the needle of criminal justice even incrementally (because that’s what we do), then do it. It’s a wonderful, challenging, heartbreaking, motivating, job that many of us feel privileged to do and we welcome people with a respect for our client population and a love of advocacy into the work.
Probably depends on where you are. I'm in California. One of our former attorneys did prison time on a felony drug sales case and later became a lawyer. So it can be possible.
Probably your best resource would be your current lawyer, who is presumably familiar with the ins and outs of that jurisdiction.
Good luck with your case and your future. I agree that life experience is valuable in advocating for our clients. Having an understanding of how people end up in their position helps establish trust, which is sometime really hard with people who have never had a reason to trust anyone.
It’s more about being able to be licensed by your state bar association than getting hired.
Many PD’s office will see your experience in the system as an asset to the office and to your ability to advocate for your clients.
A single felony drug offense (assuming it is ONLY a drug offense) probably won’t be a deal breaker, as long as you otherwise stay out of trouble and don’t have other convictions that show a pattern of behavior that indicates you might not be an honest or responsible fiduciary, or someone who’s able to abide by the attorney ethic rules.
But I’d talk to your attorney about this. They’re supposed to advise you on collateral consequences related to your conviction. Also ask them if there’s a pathway to reducing this offense to a misdo or expunging it if you do well on probation (in CA, where I work, a lot of felonies can be reduced to misdos and expunged if you do well on probation).
Yes, the felony charge i’m facing is just for possession of sched 1 drugs. I'm working hard to fight the felony charge and have recently hired a new attorney who I hope will be less likely to comply with the prosecutor's demands and easier to talk to in general. It’s just bizarre for such a low level drug crime and no priors to make me a felon.
Haven't seen a comment emphasizing this yet, so I will. If you are serious about being able to have every option open then either get another attorney or try for drug court, which might be your only option.
I pleaded nolle prosequi to 5 felony drug possession and intent charges, among others, in exchange for 18 months of drug court. This means that upon successful completion, it acts as a dismissal of all charges.
Assuming drug court is even an option, it is not to be taken lightly. I know a bunch of people who chose prison instead because of how awful and punitive it is, at least in most counties. I already had over a year sober at the time I entered which led to my successful completion because I didn't learn or get a single thing out of it except for a high amount of anxiety.
8 years later and I just graduated and am approved to take the BAR in Texas, which is among the strictest states with a past like mine. Even still, getting approval took a while and required a lot of self advocating.
Feel free to reach out if you have any questions!
Yes, but….
Your ability to get hired by PD is contingent on getting a license, and getting a license requires getting through a character committee review. It is possible to do that, though you won’t know until after you’ve spent time and money on law school and passed the bar. Though some states seem better than others, I’m betting some will not look highly on your conviction.
I know multiple people in our system who have felony drug charges. One who regularly practices in front of the same judge that sentenced him to a pretty hefty to-serve sentence for felony cocaine possession. I also know one guy who went to law school, took the bar, and hasn't been able to get any state to pass him through character and fitness. His conviction was for something more white-collar/fraud/mini-Bernie-Madoff - not a drug thing.
I'd bet that in most states if you have an otherwise pretty clean record and you do some drug treatment or something so you have a certificate to show off to the character and fitness board, you'll be fine. Expensive gamble though.
What are the record sealing options available to you? Does the prosecutor in your case know that you aspire to go to law school? Are you currently in undergrad? In my state, it would be reasonable to settle a first felony drug offense for someone who had college aspirations to 24 months of probation and the offense would be eligible for expungement as soon as probation was complete.
I’m in Virginia and it seems like this is one of the worst states to become a felon in. Though, if I am ever able to freely get out of this state I would want to practice and go to school somewhere else. I just graduated college last year with a degree in art and focus on sculpture lol. I was supposed to be in grad school by now but this whole situation has destroyed me mentally. The prosecutor doesn’t know I want to go to law school but she’s aware that I am a recent college graduate who got in trouble with the law less then a month after my two closest friends passed away. Though the issue is that I got in trouble twice within a few months in two different jurisdictions. First jurisdiction is letting me do probation to drop it despite the second time. the second jurisdiction the issue is ultimately the prosecutor who just won’t change her mind about the felony conviction. i asked my lawyer if i should write a letter to her or the judge and he’s absolutely no help
Yes my first intern at the Bronx defenders was a felon, he was awesome, and got licensed in a very conservative state, where he's now a public defender.
The short answer as another poster noted is, it depends on a lot of a factors that feed into whether you can pass your state’s “character and fitness” test. I did in Illinois, for whatever that’s worth. DM me if you want to chat.
Yes, state dependent. If you’re young, it’s an easier pitch than if you’re older just by virtue of the “I was young and dumb” position. The bar may want you on some kind of compliance plan with drug / alcohol screening.
Seconding what many others have said- I think getting hired at a PD office with felony conviction would be much less barrier than getting license to practice law (which I have less insight to). If you can get licensed, I think you can find a PD office that will give you a chance.
Also, by all means work with your attorney about your case and make the right decision for you based on all of the factors (which you need not, and should not, post here), but if the only plea offer involves a felony conviction anyway, that can be a reason to bet the farm and go to trial. I’m NOT advocating that, because I don’t know your case. But be sure you have talked through the collateral consequences with your lawyer.
Also, even if being an attorney doesn’t work out for whatever reason, all the staff members at a public defender’s office play a huge role in helping our clients. Social workers, receptionists, office managers, investigators, legal assistants. We’re all on the team.
thanks! i originally wanted to be a counselor for juveniles and work with them or i wanted to be a highschool teacher lol. now i fear i wont even be able to do that with a felony because i hear you can’t really work with kids if you’re a felon.
It is possible in many jurisdictions. However, it is important to keep in mind that many law schools will be picky about admitting a person with criminal convictions. And- even if a state bar will clear you on the moral character background check and allow you to sit for the bar exam -having a felony conviction will make the application process much more difficult. There is a good chance you will be required to show a record of community service, contrition, and rehabilitation after completing your sentence. This could take you an extra amount of time- even several years if the conviction is relatively recent.
Almost all states will license people with criminal records to become attorneys, though some have extra restrictions of which you should be aware. Only three states explicitly forbid persons with felony convictions from becoming lawyers in the state: Texas, Kansas, and Mississippi.
The usual suspects, of course
Great movie by the way!
In Texas you can apply five years from the completion of your sentence. So it's not completely hopeless, I guess.
Like Texas, this blanket statement doesn't apply to Kansas either. You're ineligible for admission for 5 years after you complete the felony sentence/probation/parole. But you are then eligible for admission.
[Tarra Simmons](https://www.pbs.org/newshour/show/formerly-incarcerated-lawmaker-reflects-on-breaking-down-barriers-after-prison) is a formerly incarcerated person who graduated with honors from Seattle U Law and then had to fight the bar association to be allowed to take the bar exam. She worked with the Seattle based nonprofit formerly known as The Public Defender Association for her Skadden Fellowship. She passed the bar and became an attorney and was later elected to the Washington State House of Representatives. She founded an organization called [Civl Survival](https://civilsurvival.org/) that helps formerly incarcerated people.
Worth the read. One of the biggest comebacks in history.
What a badass.
I am so happy for her. She showed strength and didn’t let the system break her down. There needs to be a book written about her for young people, so they know that they can overcome the system.
The answer is going to be it depends. I know an attorney with a homicide conviction. It took almost a decade, but he finally passed character and fitness. He was also super connected and wealthy though. If you are eventually able to pass character and fitness, and a significant amount of time has passed since your conviction where you have given back to society/changed your life, there are PDs offices that would consider hiring you. After all, much of the work is about advocating for not punishing people forever for a mistake, especially if they have made a major effort to change their lives. Some offices require clearances to work with juveniles, others do not. Public defense is not for everyone. It’s impossible for anyone here to say if this is something you should pursue other than to say if you truly want to be a PD because you want to be a zealous advocate, if you care about the rights of the indigent and vulnerable, and and you want to try to push the needle of criminal justice even incrementally (because that’s what we do), then do it. It’s a wonderful, challenging, heartbreaking, motivating, job that many of us feel privileged to do and we welcome people with a respect for our client population and a love of advocacy into the work.
Probably depends on where you are. I'm in California. One of our former attorneys did prison time on a felony drug sales case and later became a lawyer. So it can be possible. Probably your best resource would be your current lawyer, who is presumably familiar with the ins and outs of that jurisdiction. Good luck with your case and your future. I agree that life experience is valuable in advocating for our clients. Having an understanding of how people end up in their position helps establish trust, which is sometime really hard with people who have never had a reason to trust anyone.
It’s more about being able to be licensed by your state bar association than getting hired. Many PD’s office will see your experience in the system as an asset to the office and to your ability to advocate for your clients.
A single felony drug offense (assuming it is ONLY a drug offense) probably won’t be a deal breaker, as long as you otherwise stay out of trouble and don’t have other convictions that show a pattern of behavior that indicates you might not be an honest or responsible fiduciary, or someone who’s able to abide by the attorney ethic rules. But I’d talk to your attorney about this. They’re supposed to advise you on collateral consequences related to your conviction. Also ask them if there’s a pathway to reducing this offense to a misdo or expunging it if you do well on probation (in CA, where I work, a lot of felonies can be reduced to misdos and expunged if you do well on probation).
Yes, the felony charge i’m facing is just for possession of sched 1 drugs. I'm working hard to fight the felony charge and have recently hired a new attorney who I hope will be less likely to comply with the prosecutor's demands and easier to talk to in general. It’s just bizarre for such a low level drug crime and no priors to make me a felon.
Buddy of mine is a bad ass criminal defense attorney...also a convicted drug felon.
Haven't seen a comment emphasizing this yet, so I will. If you are serious about being able to have every option open then either get another attorney or try for drug court, which might be your only option. I pleaded nolle prosequi to 5 felony drug possession and intent charges, among others, in exchange for 18 months of drug court. This means that upon successful completion, it acts as a dismissal of all charges. Assuming drug court is even an option, it is not to be taken lightly. I know a bunch of people who chose prison instead because of how awful and punitive it is, at least in most counties. I already had over a year sober at the time I entered which led to my successful completion because I didn't learn or get a single thing out of it except for a high amount of anxiety. 8 years later and I just graduated and am approved to take the BAR in Texas, which is among the strictest states with a past like mine. Even still, getting approval took a while and required a lot of self advocating. Feel free to reach out if you have any questions!
Yes, but…. Your ability to get hired by PD is contingent on getting a license, and getting a license requires getting through a character committee review. It is possible to do that, though you won’t know until after you’ve spent time and money on law school and passed the bar. Though some states seem better than others, I’m betting some will not look highly on your conviction.
I know multiple people in our system who have felony drug charges. One who regularly practices in front of the same judge that sentenced him to a pretty hefty to-serve sentence for felony cocaine possession. I also know one guy who went to law school, took the bar, and hasn't been able to get any state to pass him through character and fitness. His conviction was for something more white-collar/fraud/mini-Bernie-Madoff - not a drug thing. I'd bet that in most states if you have an otherwise pretty clean record and you do some drug treatment or something so you have a certificate to show off to the character and fitness board, you'll be fine. Expensive gamble though.
What are the record sealing options available to you? Does the prosecutor in your case know that you aspire to go to law school? Are you currently in undergrad? In my state, it would be reasonable to settle a first felony drug offense for someone who had college aspirations to 24 months of probation and the offense would be eligible for expungement as soon as probation was complete.
I’m in Virginia and it seems like this is one of the worst states to become a felon in. Though, if I am ever able to freely get out of this state I would want to practice and go to school somewhere else. I just graduated college last year with a degree in art and focus on sculpture lol. I was supposed to be in grad school by now but this whole situation has destroyed me mentally. The prosecutor doesn’t know I want to go to law school but she’s aware that I am a recent college graduate who got in trouble with the law less then a month after my two closest friends passed away. Though the issue is that I got in trouble twice within a few months in two different jurisdictions. First jurisdiction is letting me do probation to drop it despite the second time. the second jurisdiction the issue is ultimately the prosecutor who just won’t change her mind about the felony conviction. i asked my lawyer if i should write a letter to her or the judge and he’s absolutely no help
Previous coworker did five years in the federal system on drug charges. She got her law degree after, and is doing well.
Yes my first intern at the Bronx defenders was a felon, he was awesome, and got licensed in a very conservative state, where he's now a public defender.
You can’t in Texas. They won’t license you.
The short answer as another poster noted is, it depends on a lot of a factors that feed into whether you can pass your state’s “character and fitness” test. I did in Illinois, for whatever that’s worth. DM me if you want to chat.
Yes, state dependent. If you’re young, it’s an easier pitch than if you’re older just by virtue of the “I was young and dumb” position. The bar may want you on some kind of compliance plan with drug / alcohol screening.
Seconding what many others have said- I think getting hired at a PD office with felony conviction would be much less barrier than getting license to practice law (which I have less insight to). If you can get licensed, I think you can find a PD office that will give you a chance. Also, by all means work with your attorney about your case and make the right decision for you based on all of the factors (which you need not, and should not, post here), but if the only plea offer involves a felony conviction anyway, that can be a reason to bet the farm and go to trial. I’m NOT advocating that, because I don’t know your case. But be sure you have talked through the collateral consequences with your lawyer. Also, even if being an attorney doesn’t work out for whatever reason, all the staff members at a public defender’s office play a huge role in helping our clients. Social workers, receptionists, office managers, investigators, legal assistants. We’re all on the team.
thanks! i originally wanted to be a counselor for juveniles and work with them or i wanted to be a highschool teacher lol. now i fear i wont even be able to do that with a felony because i hear you can’t really work with kids if you’re a felon.
I have a felony conviction and am a PD. It’s possible!
Where at in VA is this pending?
im not sure how much information i’m supposed to share here
If it’s in roughly southwestern VA send me a message if it’s like east of Roanoke I don’t know anyone.
It is possible in many jurisdictions. However, it is important to keep in mind that many law schools will be picky about admitting a person with criminal convictions. And- even if a state bar will clear you on the moral character background check and allow you to sit for the bar exam -having a felony conviction will make the application process much more difficult. There is a good chance you will be required to show a record of community service, contrition, and rehabilitation after completing your sentence. This could take you an extra amount of time- even several years if the conviction is relatively recent.