How Many Times Can You Take The Bar Exam?

How Many Times Can You Take The Bar Exam?

Updated: January 11, 2023

So much has changed since we published this post on April 23, 2020! We thought it was a good time to update our blog and refresh it with the most recent information.  Curious on how many times you can take the bar exam?  Read on for some more information!

How Many Times Can You Take The Bar Exam?

There are three categories relating to limitations on bar exam attempts:

• Unlimited–Some jurisdictions fall into the category of having no limitations on the number of times an applicant can take the bar exam;
• Discretionary Limits–Some jurisdictions have discretionary limits, usually 2 to 6 attempts.  However, these jurisdictions will let students exceed the limit if they receive permission from that jurisdiction’s governing body;
• Hard Limits—A small minority of jurisdictions have a limit on the number of times a student may attempt the bar exam.

Please note that the information below is sourced from the NCBE Bar Admission Requirements Guide. Please contact your specific jurisdiction to determine the limits on bar exam testing attempts! Note that if your jurisdiction has adopted the Uniform Bar Exam recently, they may have also changed their rules!

Jurisdictions with Unlimited Bar Exam Attempts: 

Uniform Bar Exam jurisdictions

Alabama, Alaska, Arkansas, Colorado, Connecticut, Illinois, Indiana, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee*, Washington, Virgin Islands

Non-Uniform Bar Exam jurisdictions

California, Delaware, Florida, Georgia, Hawaii, Nevada, Wisconsin, Guam, Northern Marina Islands, Palau

Jurisdictions with Discretionary Limits of Bar Exam Attempts

Uniform Bar Exam jurisdictions

Arizona (6)*, District of Columbia* (4), Idaho (6), Iowa (2)*, Maryland (3)*, Montana (3), South Carolina (3)*, South Dakota* (3), Texas (5), Utah (6), Virginia (5), West Virginia* (4), Virgin Islands (3)

 *[See below to understand what the asterisk means!]

Non-Uniform Bar Exam jurisdictions

Mississippi (3), Virginia (5), Puerto Rico (6)

Jurisdictions with Hard Limits on Bar Exam Attempts: 

Uniform Bar Exam jurisdictions

Kentucky (5), Louisiana (5)*, Nebraska (4), New Hampshire (4)*, North Dakota (6), Rhode Island (5)*, Vermont (4)*, Wyoming (4)

Special notes about a few jurisdictions:

Arizona: “Applicants who have been unsuccessful on 6 or more attempts must receive permission from the Committee on Examinations to test on each subsequent exam.” We are aware of students who were able to request special permission to retake the bar exam.  These students told us that permission to retake the exam is generally permitted.  In fact, multiple students have been granted permission with relative ease.

District of Columbia: “Applicants who have failed 4 times may not take the exam. Failing UBE scores from any jurisdiction are counted in the 4 attempts.” After taking the bar exam four times, an applicant must show “extraordinary circumstances” to take it another time.

Iowa: “Iowa Code section 602.10104(2) specifies that an applicant who fails an examination once shall be allowed to take the exam at the next scheduled administration. Thereafter, further attempts are permitted at the court’s discretion.”

Louisiana: Section 8(B) of the Louisiana Supreme Court Rule XVII, related to admission to the bar, notes that “After failing to pass five examinations, an applicant shall never be permitted to reapply.”

Maryland: “After 3 unsuccessful attempts, the Board may condition further attempts on completion of an additional course of study.”

New Hampshire: “Applicants who have failed the exam 4 times may not retake the exam. Failing UBE scores in a different jurisdiction are included in the 4 attempts.”

Rhode Island: “Limitation of 5 failed examinations in Rhode Island or any other state applies to all applicants seeking admission on examination. Failure to achieve a score of 276 prior to February 2021 administration of the UBE / 270 in the February 2021 administration of the UBE and thereafter constitutes a failed bar examination. No special permission will be given to applicants to exempt from the 5-time fail limitation.”

South Carolina: There is no limit on the number of times a bar exam examinee may take the bar, but additional study is required after the third failure, making it impossible to sit but 1 time each year.

South Dakota: Applicants must get Supreme Court permission to take the exam after three failures in any jurisdiction or combination of jurisdictions

Tennessee: “Although no limit is specified in Tenn. Sup. Ct. R. 7, it is within the Board’s discretion to deny a reexamination applicant.”

Vermont: “An applicant who has failed the bar examination 4 times will not be permitted to sit for the UBE in Vermont unless the applicant can make a strong showing, to the Board of Bar Examiners’ satisfaction, that the applicant has substantially improved their exam preparation and there is good cause warranting a waiver of the 4-attempt limitation.”

West Virginia: Applicants are limited to four failed exams in West Virginia or any other state before special permission from the Board is required.

Why do we tell you this information? Because information is powerful! We want to make sure that bar examinees know what parameters and limitations surround their jurisdictions’ bar exam.  No one wants to take the bar exam more often than they need to, but this information can be helpful to students needing to re-take the bar exam.

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