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Rule 70-6 Records

Rule 70: Authority; The Board of Bar Examiners

(a) The Board shall maintain records generated in the course of accepting and processing applications for certification of fitness to practice law, as well as records generated in accepting and processing applications to take the bar examination and results of having taken the bar examination. Only the following records, provided in this section, shall be maintained as public records, and no other records shall be deemed public records.

(1) With respect to applications for certification of fitness to practice law: name and address of each applicant.

(2) With respect to applications to sit for the bar examination: name and address of each applicant.

(3) With respect to each bar examination: the names and addresses of persons who passed the bar examination and such statistical summaries as may be specifically authorized by the Board.

(b) All other information provided by or obtained with respect to an applicant for certification of fitness to practice law or to take a bar examination shall be considered confidential and privileged communication and shall not be released to any person or agency; except, however, in those instances where a hearing with respect to an application for certification of fitness to practice law is to be held. Information and documents obtained by the Board pursuant to its investigation and relevant to the specifications issued by the Board may be disclosed to the applicant, the applicant’s legal counsel, and to the Chairperson’s designee appointed to conduct the hearing, if there is such designation.

(c) Information provided by or obtained with respect to an applicant for certification of fitness to practice law may be disclosed to the bar admissions authority of any United States jurisdiction where the applicant may apply for admission to the practice of law. Upon request, the name, address, date of birth, and social security number of each applicant for certification of fitness to practice law may be furnished to the National Conference of Bar Examiners (the “NCBE”) for dissemination to the bar admissions authority of any RULES OF ADMISSION AMENDED AUGUST 4, 2025 United States jurisdiction. Moreover, an application for certification of fitness to practice law and application to take the bar examination may be released to the hearing counsel of the Commonwealth Bar Ethics Committee in disciplinary matters. All other information and records may be disclosed as provided by order of the Court.

(d) The Board may, as it deems reasonably necessary, disclose information relating to:

(1) A specific applicant to sources contacted during the Board’s character and fitness investigation; and

(2) Disciplinary or admissions authorities in other jurisdictions when the information relates to possible unethical conduct by a lawyer licensed or a person applying for licensure to practice in that jurisdiction.