Dealing With a Criminal Record

Most law schools will ask about criminal charges, but the actual wording of the question will vary. Some will ask only about convictions, while others will ask about arrests. Some law schools will require you to report even offenses committed while you were a juvenile, and even if the record has been expunged.

Knowing the exact nature of the charges which were brought is essential to answering these questions correctly. If you were represented by a lawyer at the time you were accused of the crime, that lawyer can usually answer these questions. If you didn't have a lawyer then you should probably see one now.

Arrests should be explained honestly and completely, both in terms of the court proceedings and the circumstances which led you to have legal problems. Any dishonesty may leave you liable to further legal repercussions (including criminal charges or denial of the right to practice law). As with bad grades, law schools will look to see whether the underlying problem has been resolved.   What have you learned that "reformed" you?  Has marriage and the responsibility of a family overcome a tendency to drink and find yourself in the middle of brawls?  If the offense was a response to an abusive family member, have you ended that relationship? This information will help the admissions committee feel confident that you will not cause further problems, to the detriment and perhaps scandal of the law school.

Even more important, overcoming a background in which crime and violence were commonplace solutions to life's problems can show great strength of character. A juvenile delinquent from a dysfunctional family or a ghetto who found athletics or the church choir has learned that life offers greater options than the ones we're raised with.  A boy who stops stealing from trains after he falls on the track and loses both his arms has learned a lot more than that crime doesn't pay.  These people will not only bring strength and determination to law school, they also will add a diversity that the mainstream person can rarely contribute. Why try to hide what may be your greatest strength?

And a final warning about omitting any arrests, even juvenile, even if expunged or sealed, from your file. At the Los Angeles Law Forum I asked three different admissions officers about this. All of them said the same thing: report it! Even if they don't care, the Board of Law Examiners may. And an omission can hurt you much more than the arrest ever did.

As evidence, I offer this letter that showed up in my mailbox:

The above-named person has applied for admission to the practice of Law in North Carolina. As is required by law, this office is conducting an investigation into the applicant's fitness to become a lawyer.

Your name has been supplied as someone who knows the applicant. The Board of Law Examiners would appreciate your candid evaluation of the applicant's integrity, character and fitness to practice law.

* * * *

5. To your knowledge, has the applicant ever been charged or arrested for a violation of any law? If so, please indicate the time, place, nature of the incident and any other information which you may have.

* * * *

8. Do you know of others who may know the applicant and whom the Board may contact?

After completing the form for my former client, I sent it on to another person. Who knows where it will end up?

NEVER HIDE AN ARREST!

NEVER HIDE AN ARREST!

Nondisclosure?

Some guy sent me the following email:  

"The California Bar Exam application specifically states that an applicant with a sealed or expunged juvenile record is not responsible for disclosing that information, provided that the applicant's record was sealed within California's jurisdiction.  I just thought you would like to know that there may be some cases when a law school applicant may not need to inform a law school regarding an expunged or sealed record."

I still say you have to disclose it if the law school asks.  What a law school requires has nothing at all to do with what the Bar Examiners require.  

In October 2004, at one of the Law Forums, I was looking at new essay questions on New York Law School's application, and saw the following "arrest" question:

Bill Perez, the Dean of Admissions, tells me that the language was lifted verbatim from the New York State Bar application.  He also said: