California bar plans to expunge attorney discipline records under certain conditions
Ethics
California bar plans to expunge attorney discipline records under certain conditions
May 20, 2024, 9:21 am CDT
The State Bar of California’s board of trustees approved a plan last week to expunge discipline records automatically for attorneys who have not been disbarred. (Image from Shutterstock)
The State Bar of California’s board of trustees approved a plan last week to expunge discipline records automatically for attorneys who have not been disbarred.
Nondisbarment records would be expunged after eight years if no further discipline happens, according to a May 17 press release from the State Bar of California and a story by Law360.
Previously, discipline records could be expunged only by filing a petition with the California Supreme Court.
The State Bar of California’s Ad Hoc Commission on the Discipline System had recommended expungement as a way to address racial disparities in California lawyer discipline that were chronicled in a 2019 study.
The study found racial disparities in probationary discipline, disbarment and discipline-related resignation, with the greatest disparities between Black and white male lawyers.
The expungement plan requires rule and statutory changes that will need approval by trustees. After that, the plan would have to be approved by the California Supreme Court and then the legislature, according to the press release.
