Disclosure Question

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mra7
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Disclosure Question

Postby mra7 » Mon May 10, 2010 11:14 pm

NYS:

When I was 18 I was charged with DWAI for driving with a bac of .07. This charge was dropped and I was only given 2 traffic tickets (failure to signal and running stop sign). My attorney advised me that I had youthful offender status, it was expunged, and would never have to disclose this information to anyone. Do I need to disclose this incident on my law school applications? And will this issue be in question when I am reviewed for admittance to the bar? If the charge is expunged and I only pleaded to minor traffic violations, will this arrest information be available to the bar admissions board?

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pilawpcv
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Re: Disclosure Question

Postby pilawpcv » Tue May 11, 2010 1:02 am

You must disclose this. Common sense/word of mouth says you should, and I just checked two random schools' applications (NYU and Fordham). Both say in bold that you must include matters expunged or dismissed.

No clear answer on whether it will hurt you for the bar, but check out pp 10-11 here
--LinkRemoved--
and it discusses how they evaluated prior conduct issues.

pegleg
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Re: Disclosure Question

Postby pegleg » Wed May 12, 2010 2:16 pm

mra7 wrote:NYS:

When I was 18 I was charged with DWAI for driving with a bac of .07. This charge was dropped and I was only given 2 traffic tickets (failure to signal and running stop sign). My attorney advised me that I had youthful offender status, it was expunged, and would never have to disclose this information to anyone. Do I need to disclose this incident on my law school applications? And will this issue be in question when I am reviewed for admittance to the bar? If the charge is expunged and I only pleaded to minor traffic violations, will this arrest information be available to the bar admissions board?


Disclose it!

*edit* Re: BAR
Also must disclose. Plenty of people who were once drunk, ticketed teenagers manage to make it through so don't lose sleep over it.
Last edited by pegleg on Wed May 12, 2010 2:35 pm, edited 1 time in total.

JOThompson
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Re: Disclosure Question

Postby JOThompson » Wed May 12, 2010 2:28 pm

When in doubt, always disclose. It's that simple. Failing to divulge even seemingly minor things can cause large consequences later.

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Iron Man
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Re: Disclosure Question

Postby Iron Man » Wed May 12, 2010 2:37 pm

mra7 wrote:NYS:

When I was 18 I was charged with DWAI for driving with a bac of .07. This charge was dropped and I was only given 2 traffic tickets (failure to signal and running stop sign). My attorney advised me that I had youthful offender status, it was expunged, and would never have to disclose this information to anyone. Do I need to disclose this incident on my law school applications? And will this issue be in question when I am reviewed for admittance to the bar? If the charge is expunged and I only pleaded to minor traffic violations, will this arrest information be available to the bar admissions board?



Read the C&F question carefully. Some questions only ask have you ever been convicted of a crime, while others use umbrella term such as have you ever been charged as a juvenile or adult of a crime, convicted, etc.

Some states a DWI is considered a traffic offense (serious traffic offense).

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Billy Blanks
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Re: Disclosure Question

Postby Billy Blanks » Wed May 12, 2010 2:43 pm

To echo what's been said:

1) Respond to the application question. If it says, "disclose all charges that have been brought up," then discuss all charges against you, note that some were dropped, etc. If it says, "disclose all convictions," disclose your traffic tickets (I'm no expert on NYS, but I'd assume traffic tickets are some sort of misdemeanor/infraction).

2) For the bar, they will ask you to disclose EVERYTHING. This means charges, both dismissed and sustained, convictions, infractions, etc. You must disclose everything here. Expungement has to do with your public record, something which hardly constrains state bar associations. So long as you've honestly fulfilled the requirements of your law school app (e.g. listing convictions when it asked for convictions) you should be ok.

NonTradHealthLaw
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Joined: Mon May 03, 2010 2:44 pm

Re: Disclosure Question

Postby NonTradHealthLaw » Wed May 12, 2010 2:59 pm

Where does one usually find this information - county courthouses?

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Iron Man
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Re: Disclosure Question

Postby Iron Man » Wed May 12, 2010 8:59 pm

^^yes.




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