When you filled out your Florida Bar Application there were a plethora of questions to prove your Good Moral Character which you, of course, answered completely, accurately, and honestly. Now your application has been filed with the Florida Board of Bar Examiners and you are in the waiting phase. It’s frustrating, we know! The process can seem to take forever. It definitely gives you a lot of time to have questions about your application, the process, and more bouncing around in your head. “What does the Florida Board of Bar Examiners look at during the Character and Fitness Investigation?” is one of the most common questions we hear. Read on to learn more!

What Is A Character And Fitness Investigation?

A Character and Fitness Investigation is a crucial part of The Florida Bar Application process. This is the primary way that the FBBE determines if you have the Character and Fitness to become a Florida Bar member and, therefore, a Florida Attorney. See below to see what exactly the Florida Board of Bar Examiners will investigate to determine if you are a good candidate for The Florida Bar.

How Long Does The Character And Fitness Investigation Take?

The background investigation is typically completed within six to eight months. More complicated investigations can take longer to be finalized, but this is unusual. If your background check has taken longer than six to eight months, you can write to the FBBE and request a status update.

What Does The FBBE Look At During The Character and Fitness Investigation?

1. Failure to Disclose Information – You won’t get away with withholding information from the FBBE. If you’ve been completely honest and upfront on your application, this won’t be a concern. If you did withhold any information, consider quickly submitting an amendment. 
2. Misrepresentation – Lying on your Florida Bar Application can cause your denial. An amendment could potentially help your chances to avoid Bar denial.
3. Driving History – Parking tickets aren’t likely to be an issue, but more serious or repeated driving offenses can cause concern for the FBBE.
4. Financial History – Excessive debt and other signs of financial irresponsibility will be looked at.
5. Child Support – Failure to pay child support will be considered when you apply to the Florida Bar.
6. Academic Misconduct – Particular attention is paid to honor code violations. 
7. Employment Misconduct – Employment misconduct must be disclosed to the FBBE when applying to the bar. It will be reviewed during the background investigation.
8. Military Misconduct – If you have not been honorably discharged, the FBBE will investigate your discharge.
9. Civil Lawsuits – If you have not disclosed that you have been sued in the past on your application, file an application amendment.
10. Criminal Offenses – A single minor criminal offense isn’t likely to cause your denial by the FBBE. However, major offenses or a history of criminal issues can.
11. Sexual Misconduct – This includes restraining orders, domestic violence, and sexual misconduct, even if there was not a conviction.
12. Mental Health – Common mental health issues are certainly not going to cause your denial to the bar, so don’t panic. However, if the Board deems that a mental impairment will affect your ability to practice law properly, this can result in denial. 
13. Alcohol and Substance Abuse – This includes past and current drug and alcohol addiction and abuse. Addiction will not disqualify you from admittance to The Florida Bar. However, if the board has concerns that your behavior will affect your ability to practice law, it could be the reason for denial.

Conclusion

Once your application is reviewed, a Character and Fitness investigation is the next phase of the Florida Bar Application process. What does the FBBE look at during the Character and Fitness Investigation? The FBBE looks at pretty much anything that may put into question your character or fitness, including, misrepresentation, failure to disclose, driving and financial history, academic, military, and employment misconduct, civil litigation, criminal or sexual offenses, and even your mental health and addiction issues. This background investigation is one of the most important pieces of The Florida Bar Application process. So, be prepared for it to be thorough. Prepare yourself for this investigation by providing the most candid and clear answers on your application. Also, provide any necessary paperwork to the FBBE so that they have as much information as possible prior to the Character and Fitness Investigation.