Ethics
Sanctioned lawyers in California won’t get their records expunged after top court rejects proposal
The California Supreme Court has rejected a state bar proposal to automatically expunge records of attorney discipline other than disbarment after eight years. (Photo from Shutterstock)
The California Supreme Court has rejected a state bar proposal to automatically expunge records of attorney discipline other than disbarment after eight years.
The state supreme court rejected the expungement proposal Oct. 22, along with another proposal to lower fines on disbarred lawyers and to drop them for lawyers who are suspended or who resign while ethics charges are pending.
The California Supreme Court announced its decisions in an Oct. 23 press release.
Law360, Reuters, Law.com and the Daily Journal have coverage.
The expungement proposal by the State Bar of California was viewed as a way to address racial disparities in discipline and align the system with the practices of other regulatory agencies. It called for expunging disciplinary records short of disbarment as long as there was no additional discipline or pending disciplinary proceedings during the eight-year period.
The proposal on fines would have lowered the amount from $5,000 to $1,000 for disbarred lawyers and would have dropped fines of $2,500 for suspended lawyers and $1,000 for lawyers who resign while ethics charges are pending.
The California Supreme Court approved a third proposal, however, that allows law practice in California by military service members and their spouses if they are licensed elsewhere and in good standing.
“The court added safeguards,” the press release said, “by prohibiting licensure under this rule for applicants with prior disciplinary records or pending investigations in other states and requiring background checks to verify eligibility.”
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