What they look at
Florida's rules list what can count against an applicant. Other states look at the same things in other words:
- Unlawful conduct.
- Academic misconduct.
- False statements or omissions, including those in the application itself.
- Misconduct in employment.
- Acts of dishonesty, fraud or deceit.
- Abuse of legal process.
- Financial irresponsibility: unpaid debts, taxes, bankruptcies.
- Neglect of professional obligations or disobeying a court order.
- A mental health or substance use disorder that may affect the ability to practice.
- Having been denied on character or fitness grounds in another jurisdiction.
- Disciplinary sanctions as a lawyer or other professional, in any jurisdiction.
And they do not stop at what you declare. NCBE, in the states that use its service, writes to the sources to verify your answers and looks for contradictions or facts you did not mention: criminal and civil records and proceedings, jobs and military service, studies and degrees, professional licenses, sanctions by bars, authorities, universities or employers, finances, fitness to practice and references. Then it gives the state a report that flags what may be of concern.
If there is something in your past
A problem in your past does not disqualify you on its own. The board looks at how much time has passed, how serious it was, whether it was an isolated event, what you have done since, and whether you have been candid in your application.
In Florida, an applicant who claims rehabilitation must prove it by clear and convincing evidence: for example, having complied with what they were ordered to do, having made amends for the harm and having a good reputation in their community and profession.
If the board has doubts
In Florida, the board can call you to an investigative hearing and, if it still has doubts, file formal specifications that are heard before at least five of its members; you can bring a lawyer, at your own expense. The result can be admission, conditional admission, a wait of up to two years or denial, and you can ask the Supreme Court to review it within 60 days.
In California there is first an informal conference; then you can ask the Committee of Bar Examiners to review the decision and, if it is still adverse, request a hearing before the State Bar Court. If you are denied, in Florida and in California you generally must wait at least two years to apply again.
Be careful about practicing without a license. Advising clients in the United States without a license can count against you in the review: California expressly mentions it in its guidelines, among the conduct that shows a lack of respect for the rights of others and for the judicial process. Before you accept a job, confirm what you can and cannot do.