Expunged Offenses and Disclosure

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armyparalegalnco
Posts: 39
Joined: Sat Jan 22, 2011 7:33 pm

Expunged Offenses and Disclosure

Postby armyparalegalnco » Sat Jan 22, 2011 7:34 pm

What other states if any besides Texas do not require you to disclose expunged offenses??

thegor1987
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Re: Expunged Offenses and Disclosure

Postby thegor1987 » Sat Jan 22, 2011 7:36 pm

I like pie

NoJob
Posts: 237
Joined: Tue Jun 29, 2010 11:32 pm

Re: Expunged Offenses and Disclosure

Postby NoJob » Sat Jan 22, 2011 9:50 pm

armyparalegalnco wrote:What other states if any besides Texas do not require you to disclose expunged offenses??


Every state that I am licensed in requires disclosure of expunged records. Somehow it bears on whether you will be able to practice law ethically.

JD2014
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Joined: Sat Sep 25, 2010 10:45 pm

Re: Expunged Offenses and Disclosure

Postby JD2014 » Sun Jan 23, 2011 12:38 pm

Do you mean on applications or for admission to the bar? For admission, probably ever state. For applications, Massachusetts does not require disclosure of misdemeanors more than 5 years old and where no jail time was served. BU and BC allow this, though Harvard does not. Washington & Lee and George Washington also allow applicants to withhold disclosure of expunged records, though WL has a final question reading "Do you know of any other matter that might adversely affect your admission to law school or to the bar of any state?" which seems to render the expungement issue superfluous. The app also reads:

"Though Washington and Lee University is prohibited by Virginia statute from requiring disclosure of information concerning arrests or charges that have been
officially expunged (See Virginia Code §19.2-392.4) , state bar examiners may require that bar applicants disclose such information and closely compare disclosures on law school applications with disclosures on applications for bar admission. We therefore encourage full voluntary disclosure."

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dextermorgan
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Re: Expunged Offenses and Disclosure

Postby dextermorgan » Sun Jan 23, 2011 1:40 pm

JD2014 wrote:Do you mean on applications or for admission to the bar? For admission, probably ever state. For applications, Massachusetts does not require disclosure of misdemeanors more than 5 years old and where no jail time was served. BU and BC allow this, though Harvard does not. Washington & Lee and George Washington also allow applicants to withhold disclosure of expunged records, though WL has a final question reading "Do you know of any other matter that might adversely affect your admission to law school or to the bar of any state?" which seems to render the expungement issue superfluous. The app also reads:

"Though Washington and Lee University is prohibited by Virginia statute from requiring disclosure of information concerning arrests or charges that have been
officially expunged (See Virginia Code §19.2-392.4) , state bar examiners may require that bar applicants disclose such information and closely compare disclosures on law school applications with disclosures on applications for bar admission. We therefore encourage full voluntary disclosure."

"We can't legally ask this, but you are fucked if you don't tell us."

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Lawl Shcool
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Re: Expunged Offenses and Disclosure

Postby Lawl Shcool » Sun Jan 23, 2011 1:44 pm

Why even risk it? Just disclose, they don't care about MIPs, duis, minor possession arrests, it's just a test to see if you lie. They = adcomms, not sure about bar people but I'm taking the same approach

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kalvano
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Re: Expunged Offenses and Disclosure

Postby kalvano » Sun Jan 23, 2011 2:40 pm

Are you willing to gamble with $100K - $180K that there isn't a single remaining record anywhere in existence of this offense? If not, then disclose.

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TJISMYHERO
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Re: Expunged Offenses and Disclosure

Postby TJISMYHERO » Sun Jan 23, 2011 2:43 pm

The Texas bar doesn't require disclosure of expunged records.

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kalvano
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Re: Expunged Offenses and Disclosure

Postby kalvano » Sun Jan 23, 2011 3:18 pm

TJISMYHERO wrote:The Texas bar doesn't require disclosure of expunged records.



Technically true. However, you better be damn sure.

Expunged and Sealed Offenses: Matters expunged pursuant to Texas Code of Criminal Procedure Art. 55.02, or
pursuant to another State’s statute with the same force and effect, need not be disclosed. While expunged or sealed
offenses, arrests, tickets, or citations need not be disclosed, it is your responsibility to ensure the offense, arrest, ticket, or
citation has, in fact, been expunged or sealed. It is recommended that you obtain a copy of the Court Order expunging
or sealing the record in question. Failure to reveal an offense, arrest, ticket, or citation that is not in fact expunged or
sealed, raises questions related to truthfulness in addition to questions regarding the offense itself.

armyparalegalnco
Posts: 39
Joined: Sat Jan 22, 2011 7:33 pm

Re: Expunged Offenses and Disclosure

Postby armyparalegalnco » Thu Jan 27, 2011 5:37 pm

kalvano wrote:Are you willing to gamble with $100K - $180K that there isn't a single remaining record anywhere in existence of this offense? If not, then disclose.


My school is free.




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