Rule 74-2 Ineligibility
Rule 74: Application Approval; Letter of Licensure; Ineligibility
Rule Text
(a) Felony Conviction.
(1) Any person, whether sentence is imposed or not, who has pleaded guilty or nolo contendere, or been found guilty of any felony in the Commonwealth, or any state, territory or possession of the United States, is not eligible to apply for admission to the Bar until five (5) years after the date of successful completion of any sentence or period of probation as a result of the conviction, plea, or finding of guilt.
(A) A felony conviction as described in Rule 74-2(a)(1) herein is a per se disqualification to file an application for admission until after the period of ineligibility imposed by Rule 74-2(a)(1) herein has expired. Once the period of ineligibility has expired, the Board will consider the felony in reaching a determination as to the applicant’s character and fitness.
(2) Any application for admission to the Bar from a person who has pleaded guilty or nolo contendere to or been found guilty as specified in Rule 74-2(a)(1) herein shall show affirmatively, in addition to the other requirements of the application, that:
(A) Any sentence or period of probation was completed at least five (5) years ago;
(B) The cause of action has abated;
(C) Any person injured as a result of the conduct of the applicant has received restitution, the claims have been discharged by operation of law, or that the injured person has been notified at least ten days, but not more than ninety days, in advance of the filing of the application;
(D) All special conditions imposed, if any, have been satisfied; and
(E) The best interests of the public will be served by the applicant receiving a license.
RULES OF ADMISSION AMENDED AUGUST 4, 2025
(3) No person who has pleaded guilty or nolo contendere to or been found guilty as specified in Rule 74-2(a)(1) herein may apply for Limited Admission for Attorneys Employed by the Commonwealth Government as permitted by Rule 73-2 herein.
(b) Prior Denial or Pending Complaint.
(1) A person whose application has been denied, except as provided by Rule 74-2(a)(1) herein, is not eligible to apply for admission to the Bar for a period of five (5) years from the date the Board recommends denial of the application, unless the Board specifies a shorter period.
(2) A person having a complaint pending before the licensing authority of any other state or territory or who has been suspended or disbarred from the practice of law by the licensing authority of any state or territory is not eligible to apply for admission to the Bar of this jurisdiction during the time the complaint is pending or during the period of such suspension or disbarment. In no instance shall any such person be eligible for admission until the person has been fully reinstated by such authority or otherwise exonerated. Favorable resolution or termination of a complaint or reinstatement shall not bar or in any way prohibit the Board from making an adverse determination as to character and fitness.