State bar plan: Attorney records that do not result in disbarment will be expunged 8 years after the date of their disciplinary record
Ethics
Attorney discipline records short of disbarment would be expunged after 8 years under state bar plan
November 21, 2024, 9:00 am CST
The California Supreme Court is being asked to automatically expunge records of attorney discipline other than disbarment after eight years, provided that there is no further discipline during that period. (Image from Shutterstock)
The California Supreme Court is being asked to automatically expunge records of attorney discipline other than disbarment after eight years, provided that there is no further discipline during that period.
The State Bar of California’s board of trustees approved the proposal Nov. 14 and sent it to the state supreme court, according to a Nov. 15 press release. The changes were made in response to recommendations from the state bar’s Ad Hoc Commission on the Discipline System. The commission viewed expungement as a way to address racial disparities in discipline and align the system with the practices of other regulatory agencies, the press release stated.
A November 2019 study found racial disparities in probationary discipline, disbarment and discipline-related resignation, with the greatest disparities between Black and white male lawyers.
Reuters and Law360 had coverage of the expungement proposal.
