Good moral character is a legal requirement in the US for various purposes, including granting citizenship and professional licenses. Committing crimes of moral turpitude, such as fraud and drug trafficking, can result in denial of citizenship or disbarment for lawyers. Maintaining good moral character is crucial for those seeking to practice law or become US citizens.
The legal concept of good moral character is a construct currently used in United States (US) law to authorize the designee as fit for a particular purpose. Typically a person loses this status if he commits a crime of moral turpitude, i.e. a crime that indicates a lack of morality in the person. While the moral character classification has limited legal use, it is often a determining factor in deciding whether or not to grant U.S. citizenship to a foreign applicant. It is also used as a determining factor in the granting of certain professional licenses.
To qualify as having good moral character, a person cannot have committed crimes involving what is called “moral turpitude.” Acts of moral turpitude are characterized by depravity and are a likely indication that the actor lacks moral sense. In general, all crimes of dishonesty such as fraud, theft and tax evasion are considered acts of moral turpitude. Illicit trafficking in controlled substances, failure to appear in court, and all crimes involving national security also fall into this category of crimes.
Good moral character is a primary requirement for admission to the United States as a citizen. If an applicant has been convicted of a crime of moral turpitude, including felonies of dishonesty and controlled substances violations, they will generally be denied US citizenship. While convictions typically prevent such a grant of citizenship, simply being arrested for a crime of moral turpitude will not hinder the applicant. Additionally, if the circumstances surrounding the crime merely include a misdemeanor such as a minor drug possession charge, applying for citizenship may still be considered in some cases.
Another area where good moral character is crucial in US law is the granting of a license to practice law. While admission to practice law is governed entirely by the state in which it is granted, each state’s prerequisites for admission to practice the law have a requirement of good moral character. The rationale behind such a requirement is the nature of legal practice where clients are required to place a great deal of trust in the character of the counsel providing advice. Even after admission to practice law in a particular state, lawyers are expected to maintain their good moral character or face the possibility of being disbarred – revocation of the right to practice law – or other penalties.
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