If you are a Colorado attorney and get convicted of a crime (other than minor traffic offenses), you face discipline from the Colorado Supreme Court. Consequences include possible suspension or disbarment.
Here are four key things to know:
You have 14 days to self-report your conviction to the Court.
If you are applying to the Bar, you must submit fingerprints for a criminal background check.
Having a criminal record does not automatically disqualify you from a bar license.
Practicing law without a license subjects you to contempt, carrying incarceration and $2,000 to $5,000 in fines.
In this article, our Denver criminal defense attorneys discuss howcriminal convictions affect lawyer licenses in Colorado. Click on a topic to jump to that section:
Ralph L. Carr Judicial Center
Colorado Supreme Court
1300 Broadway, Suite 500
Denver, CO 80203
The phone number is (303) 457-5800 or (877) 888-1370.1People with criminal records may still be eligible to be an attorney.
2. Applying for a law license with a criminal record in Colorado
When applying for a bar card in Colorado, you must submit fingerprints as well as disclose your full criminal history. Even if an arrest did not result in charges or a conviction, the Colorado Bar wants to know about it.
The Office of Attorney Regulation Counsel then considers whether you have the “character and fitness” to earn the privilege of practicing law in Colorado. Having a criminal history is certainly a strike against you, but a criminal record might not disqualify you if you show that:
you have been fully rehabilitated;
you complied with all the sentencing terms;
you are competent despite the criminal record; and
you have good moral character despite the criminal record
The Office of Attorney Regulation Counsel also understands that the Bar attracts many people who have had brushes with the law and now want to use their experience to help others or to reform the legal system. You just need to demonstrate that your criminal record:
is firmly in the past and
does not compromise your current or future “character and fitness.”
Note that if you had your criminal records sealed or expunged, you should still disclose them in your application. The Colorado Bar can usually find past cases even if they have been sealed, and it can deny you a bar card if you fail to reveal your entire criminal record.2
(For more information, see our articles about Colorado record seals and Colorado record expungements.)
3. Discipline following a criminal conviction
As a Colorado attorney, you must notify the Office of Regulation Counsel within 14 days of getting convicted of any crime except:
Note that the Bar can discipline you merely for failing to self-report criminal convictions within 14 days. It does not matter if the conviction was for a minor misdemeanor or if you plan to appeal the conviction.
Initial investigation
Once the Bar learns of your criminal conviction, the Attorney Regulation Committee will first determine whether the conviction was for a “serious crime.” All Colorado felonies are serious crimes, but lesser offenses are considered serious crimes as well if they involve either:
interference with the administration of justice,
false swearing,
misrepresentation,
fraud,
willful extortion,
misappropriation,
theft, or
an attempt, conspiracy, or solicitation of another to commit the above crimes
If the conviction was for a serious crime, the Colorado Supreme Court will ask you to explain why (“show cause”) you should keep your bar card. After considering the matter, the Court could suspend your bar card indefinitely. (If the conviction ultimately gets reversed on appeal, the suspension would be lifted.)
If the conviction was for a non-serious crime, the Attorney Regulation Committee would investigate the case and decide whether to:
dismiss the matter (“no discipline”),
direct you to complete a diversion program (such as rehab for substance abuse),
privately admonish you, or
file a formal complaint against you
Formal complaint
If the Committee files a formal complaint, you then have the opportunity to appear before the Committee’s Hearing Board to defend yourself. You can have your own attorney there as well. Following the hearing, the Board will decide whether to discipline you. Possible forms of discipline include:
directing you to complete a diversionprogram,
privately admonishing you,
publicly censuring you,
suspendingyour license (usually for one to three years),
disbarring you (revoking your license)
Note that if you get disbarred in Colorado, you must wait eight years before you can reapply for a bar license; in addition, you would have to take the bar exam again.3
4. Fighting disciplinary penalties
You may be tempted to represent yourself during disciplinary proceedings. Though it is often a good idea to retain defense counsel who is experienced in front of hearing boards and with administrative law.
In order to persuade the Hearing Board not to suspend or disbar you for being convicted of a crime, your defense counsel may try to argue that:
the offense you were convicted of is not serious enough to warrant losing your license;
you complied with all the court orders and are taking responsibility for your actions;
the offense you were convicted of has zero bearing on your trustworthiness or competence
you have a good reputation among your peers and clients
Note that if the Hearing Board still elects to suspend or disbar you, you can appeal the matter to the Colorado Supreme Court.
Practicing law without a license will trigger contempt proceedings.
5. Working as an attorney without a license
If you are held “in contempt” for practicing law with no license in Colorado, you face:
imprisonment, or
$2,000 to $5,000 in fines
When authorities learn that you may be unlawfully dispensing legal services, Colorado’s Unauthorized Practice of Law Committee will conduct an investigation. If the Committee determines that you practiced law with no license, it will start “contempt” proceedings.
First, the Committee will issue a contempt citation to you. A “hearing master” will then hold a hearing similar to a trial, where you can appear with an attorney to defend yourself. If the hearing master finds you in contempt, it will impose the penalties mentioned above.
You can fight the court’s finding of contempt by filing an “objection” with the Colorado Supreme Court. The Supreme Court would then have final say over whether the contempt findings stand.
Predictably, if you have been found in contempt for the unauthorized practice of law, you are not likely to be granted a law license in the future.4
Accountants can have their licenses revoked for committing a fraud crime, even if it is just a misdemeanor. Learn more about accountant discipline in Colorado.
Additional resources
If you are an attorney or an aspiring attorney in Colorado, refer to the following:
