New York Bar App Question Forum

[leadsnowhere]

Hi. I am wondering if you are required to disclose arrests and the subsequent charges that were dismissed and then later expunged. On the criminal record section it states "Although a conviction may have been expunged from the records by order of a court, it nevertheless
should be disclosed in the answer to this question." This leads me to believe that arrests and subsequent charges that were dismissed and expunged do not have to be disclosed, just like in most other situations involving such questions. Thank you.

[haus]

Is the question about convictions or about charges?

[941law]

Which State?

And most States want to see the arrest. You'll have to unseal/unexpunge the record, sadly.

[leadsnowhere]

Which State?

And most States want to see the arrest. You'll have to unseal/unexpunge the record, sadly.

New York. I know in Texas (which I thought would be stricter) explicitly says that you do not have to disclose expunged records. New York says to disclose arrests but has an asterisk saying that it expunged convictions must be disclosed without further mentioning non-convictions/arrests.

The thing is I have quite a few arrests and subsequent charges that were totally dismissed without any probation or anything and that were later expunged (Texas does not expunge convictions or charges that were dropped due to deferred adjudication). But, when taking away the expunged charges, my record is pretty clean. The law school application said it didn't require disclosure of expunged arrests so at the time I didn't think about it being a problem for the bar, heck I didn't even know the process. Ugh! These are all things that happened 10-15 years ago too!

[leadsnowhere]

Is the question about convictions or about charges?

The expunged charges that were not convicted. That were totally dismissed. For New York.

[encore1101]

Out of curiosity, how do you know that they were "expunged"?

[941law]

Out of curiosity, how do you know that they were "expunged"?

He knows he got approved for expungement because he did the paperwork. He assumes it went through because it is no longer on the Clerks website.

unless this is a metaphor for life type question then I would say the op only knows what he can touch.

[941law]

Is the question about convictions or about charges?

The expunged charges that were not convicted. That were totally dismissed. For New York.

change thread title to New York Bar App question and I'm sure someone will come in that can help. Most States require you to admit arrest even if you sealed them.

[encore1101]

Mm, I ask because the only sealing provision that I'm aware of is CPL 160.50. If your records were "expunged" pursuant to that section, then that information would still be available. I've never heard of a criminal record being "expunged" in NY, only sealed, but I may be wrong.

In any event, I would probably still disclose. The question makes it obvious that it's pretty broad applicability, and that arrests, even if they were ultimately sealed, expunged, or dismissed, should be disclosed. Hell, they even want to know of you were ever in detention, without a formal arrest being made. That's from an ethical standpoint.

From a "can I get away with not disclosing it" standpoint, I see defendants rap sheets every day, and they list every time that defendant was arrested, even if the case was dismissed before they were arraigned. So take that for what it's worth.

[Manali]

Do you have to disclose if you're a named suspect on multiple police reports but you've never been arrested? This is what the application says:

Are you currently, or have you ever been arrested, charged, cited, accused, or prosecuted for any crime by a law enforcement agency, or have you ever been the subject of any investigation by a law enforcement agency , civil or administrative agency, professional organization, corporation, board or any other agency (including, but not limited to the lawyer Disciplinary Board, Attorney General's Office, government entity, law firm, etc.)? This does NOT include summary (minor) motor vehicle violations for which you were given a citation (ticket).

Sorry to hijack.

[encore1101]

Do you have to disclose if you're a named suspect on multiple police reports but you've never been arrested? This is what the application says:

Are you currently, or have you ever been arrested, charged, cited, accused, or prosecuted for any crime by a law enforcement agency, or have you ever been the subject of any investigation by a law enforcement agency , civil or administrative agency, professional organization, corporation, board or any other agency (including, but not limited to the lawyer Disciplinary Board, Attorney General's Office, government entity, law firm, etc.)? This does NOT include summary (minor) motor vehicle violations for which you were given a citation (ticket).

Sorry to hijack.

Sounds like yes. The fact that you weren't arrested doesn't seem to change the fact that you were "the subject of any investigation by a LEA." If all they were concerned about was being "arrested," then they didn't have to include that part.

[Manali]

Do you have to disclose if you're a named suspect on multiple police reports but you've never been arrested? This is what the application says:

Are you currently, or have you ever been arrested, charged, cited, accused, or prosecuted for any crime by a law enforcement agency, or have you ever been the subject of any investigation by a law enforcement agency , civil or administrative agency, professional organization, corporation, board or any other agency (including, but not limited to the lawyer Disciplinary Board, Attorney General's Office, government entity, law firm, etc.)? This does NOT include summary (minor) motor vehicle violations for which you were given a citation (ticket).

Sorry to hijack.

Sounds like yes. The fact that you weren't arrested doesn't seem to change the fact that you were "the subject of any investigation by a LEA." If all they were concerned about was being "arrested," then they didn't have to include that part.

:Sigh:. I am so fucked.

[leadsnowhere]

Out of curiosity, how do you know that they were "expunged"?

Because I have a copy of the judicial order expunging them.

[leadsnowhere]

Mm, I ask because the only sealing provision that I'm aware of is CPL 160.50. If your records were "expunged" pursuant to that section, then that information would still be available. I've never heard of a criminal record being "expunged" in NY, only sealed, but I may be wrong.

In any event, I would probably still disclose. The question makes it obvious that it's pretty broad applicability, and that arrests, even if they were ultimately sealed, expunged, or dismissed, should be disclosed. Hell, they even want to know of you were ever in detention, without a formal arrest being made. That's from an ethical standpoint.

From a "can I get away with not disclosing it" standpoint, I see defendants rap sheets every day, and they list every time that defendant was arrested, even if the case was dismissed before they were arraigned. So take that for what it's worth.

I want to apply to the bar in NY my arrests were expunged in a different state. I'm not wondering if I can get away with it, I'm wondering if I have to disclose an expunged arrest. According to the state from which they were expunged, I legally do not have to disclose the arrest because it has been expunged. In my opinion, it is somewhat arbitrary to hold against someone an arrest that led to no conviction, but that's not a fight I'm trying to make.

[encore1101]

Mm, I ask because the only sealing provision that I'm aware of is CPL 160.50. If your records were "expunged" pursuant to that section, then that information would still be available. I've never heard of a criminal record being "expunged" in NY, only sealed, but I may be wrong.

In any event, I would probably still disclose. The question makes it obvious that it's pretty broad applicability, and that arrests, even if they were ultimately sealed, expunged, or dismissed, should be disclosed. Hell, they even want to know of you were ever in detention, without a formal arrest being made. That's from an ethical standpoint.

From a "can I get away with not disclosing it" standpoint, I see defendants rap sheets every day, and they list every time that defendant was arrested, even if the case was dismissed before they were arraigned. So take that for what it's worth.

I want to apply to the bar in NY my arrests were expunged in a different state. I'm not wondering if I can get away with it, I'm wondering if I have to disclose an expunged arrest. According to the state from which they were expunged, I legally do not have to disclose the arrest because it has been expunged. In my opinion, it is somewhat arbitrary to hold against someone an arrest that led to no conviction, but that's not a fight I'm trying to make.

They're not necessarily holding the arrest against you. If the arrest was one of a series of arrests for similar crimes, maybe they would, but if its just a single arrest, I think its more to gauge veracity than reasons to deny you admittance.