How to Inform Law School About Arrest Forum

[ScaredWorkedBored]

Don't listen to these -1L's arguing over privacy law and other armchair BS. Your law school asks if you were ever charged. The answer to that is "yes." Withholding a criminal offense from the law school when they ask for it (they are) is a good way to get denied by C&F.

And no, the law school has no duty to make sure you're not lying. You can lie to them as much as you want to. You just won't get away with it later. It's your ass, not theirs. Ignore TopBloke completely.

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"Dear [Law School]

In light of my obligation under [continuing application paragraph] I am amending my answer to Question [X] Charged Criminal Offenses. I have been charged with [X] since my application.

Circumstances are [Y]. Resolution was [Z]. This amended answer constitutes a complete and true answer to Question [X].

Thank you for your consideration."
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Don't reference anything that hasn't actually been done yet or that you can't prove. Either the charges have been dropped officially or they have not. "This dude promised to drop them" sounds stupid and is not going to be believed absent a letter from the state's attorney. It's 10x easier & more normal to be able to say "Case was dismissed on request of the state on [date]." Get your attorney off his butt and have him schedule a dismissal with the prosecutor.

You may have to explain to the law school why you took two months to inform them of this, but that's neither here nor there. If they care, they care and you have another issue. Not avoidable.

Also, the way police arrest records work, there's almost certainly a record of the third-degree felony in their system. You will have to cop to the bar that you were arrested for said felony because they will find things like that. You're correct that all expungement stuff is generally ignored for bar purposes.

[justonequestion]

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[esq]

Better they find it out from you than another source, because if they find it out from another source, you're screwed.

[270910]

Hey, team: It's July. If you have been arrested after checking the "I have not been arrested" box on your application, you do not have a duty to travel back in time and uncheck it. Your law school is not your nanny, and only wants to know that information for the purposes of admission and bar screening. You are not under a legal or contractual obligation (at any school I am aware of) to provide constant status updates as to the State's determination regarding your status as a free citizen.

It may be prudent to let them know, but this isn't the kind of thing you'll get dinged for if you don't disclose, because you haven't failed to disclose anything that was requested of you. The bar will ask, you will explain, it will be no big deal, and the chronology of your LS application, the incident, and your bar questionnaire will establish that you violated no legal, contractual, or ethical duties.*

The End.

*Other things you apply for (jobs, transfers, etc.) may ask about arrests and at that juncture the advice will of course be "disclose that which is asked of you to disclose."

This post is wrong, most applications require you to report at least certain kinds of conduct between applying and attending. CHECK YOU APPLICATION.

[SwollenMonkey]

Let me preface this by saying read the entire post before you respond.

Two months ago I was arrested for simple battery: touch or strike (first degree misdemeanor) and obstructing justice interfering in the investigation of a misdemeanor hinder/delay communication to LEO (third degree felony). The State dropped the hinder/delay charge and filed charges for the battery and added trespass after warning: structure or conveyance (second degree misdemeanor).

I entered a plea of not guilty to both charges and a request for jury trial. Without going into the ridiculous details of what happened, I didn't do what I am accused of doing and the end result is going to be all charges being dropped. I should clarify: there is no deferred prosecution, no plea deal, nothing. The state attorney took me out to lunch the other day to get my side of the story and has decided not to prosecute (he actually might prosecute her instead).

So my question is, what exactly do I tell my law school? Obviously I know I have to disclose this incident, but what should I expect to give them in terms of paperwork, information, etc.?

Thanks for any help.

The prosecutor took you out to lunch? And you had to post this on a forum, when I suspect you already know the answer?
What did you eat with the prosecutor?

[justonequestion]

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[ScaredWorkedBored]

Hey, team: It's July. If you have been arrested after checking the "I have not been arrested" box on your application, you do not have a duty to travel back in time and uncheck it. Your law school is not your nanny, and only wants to know that information for the purposes of admission and bar screening. You are not under a legal or contractual obligation (at any school I am aware of) to provide constant status updates as to the State's determination regarding your status as a free citizen.

Um, where is this coming from? Did you find some law school application that doesn't have the continuing application language? From Columbia's up-thread:

This application and materials filed in its support will be retained by Columbia Law School and made available to the State Bar Character Committees. By signing this application, I certify that the above information is true, correct, and complete to the best of my knowledge. I shall promptly amend the foregoing application should there be a change in any of the facts therein and shall notify the Office of Admissions of such changes as they occur. I agree and understand that any misrepresentation due to misdirected, inaccurate, or omitted information will be grounds for an examintion of misconduct in the admissions process, rescission of admission offer, disciplinary action, expulsion, or revocation of degree if discovered at a later date.

Pulling Georgetown's as another example:

By signing this application or by transmitting it electronically, I certify that the statements made in this application for admission to Georgetown University Law Center are complete and accurate. I will promptly inform the Law Center, in writing, if there are any changes in any of the facts indicated herein.

Duke's:

Duke Law requires a candidate to reveal knowledge of all criminal incidents or disciplinary charges, even if expunged, sealed, orotherwise removed from the candidate's records. When in doubt, you should err on the side of full disclosure, as subsequent discovery of a failure to fully and accurately answer these questions may have serious consequences. You have an ongoing
obligation to report any conduct that would require you to answer yes to any of the questions in this section during the pendency of your application. If you are admitted, the obligation to report conduct applicable to the questions in this section continues until your first day of class at Duke Law School.

Odds are very, very good that OP's law school application contained similar continuing app language, either in the signature statement or the C&F instructions. So yeah, unless he doesn't have such language (where??) he does have a contractual obligation to disclose and is fully on the hook for not doing so.

[270910]

Hey, team: It's July. If you have been arrested after checking the "I have not been arrested" box on your application, you do not have a duty to travel back in time and uncheck it. Your law school is not your nanny, and only wants to know that information for the purposes of admission and bar screening. You are not under a legal or contractual obligation (at any school I am aware of) to provide constant status updates as to the State's determination regarding your status as a free citizen.

Um, where is this coming from? Did you find some law school application that doesn't have the continuing application language? From Columbia's up-thread:

This application and materials filed in its support will be retained by Columbia Law School and made available to the State Bar Character Committees. By signing this application, I certify that the above information is true, correct, and complete to the best of my knowledge. I shall promptly amend the foregoing application should there be a change in any of the facts therein and shall notify the Office of Admissions of such changes as they occur. I agree and understand that any misrepresentation due to misdirected, inaccurate, or omitted information will be grounds for an examintion of misconduct in the admissions process, rescission of admission offer, disciplinary action, expulsion, or revocation of degree if discovered at a later date.

Pulling Georgetown's as another example:

By signing this application or by transmitting it electronically, I certify that the statements made in this application for admission to Georgetown University Law Center are complete and accurate. I will promptly inform the Law Center, in writing, if there are any changes in any of the facts indicated herein.

Duke's:

Duke Law requires a candidate to reveal knowledge of all criminal incidents or disciplinary charges, even if expunged, sealed, orotherwise removed from the candidate's records. When in doubt, you should err on the side of full disclosure, as subsequent discovery of a failure to fully and accurately answer these questions may have serious consequences. You have an ongoing
obligation to report any conduct that would require you to answer yes to any of the questions in this section during the pendency of your application. If you are admitted, the obligation to report conduct applicable to the questions in this section continues until your first day of class at Duke Law School.

Odds are very, very good that OP's law school application contained similar continuing app language, either in the signature statement or the C&F instructions. So yeah, unless he doesn't have such language (where??) he does have a contractual obligation to disclose and is fully on the hook for not doing so.

Ha. I was completely incorrect, and even looked over my applications and they all have that language. Totally missed it. My bad. I really blew that one, lol.

Apologies for spreading the false information and for doing so snarikly, and retract my prior statement. OP, find your law school application and read exactly what it says, and then comply with it. There would seem to be a very high probability it will require you to disclose this, but it's very unlikely you will be dinged. Just deal with it professionally, these things happen.

[justonequestion]

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[270910]

Here, let me try to clear things up a bit:

Though disco_barred has recanted his statement of continuing obligation, I still believe that his crossed-out post has some value.

Assuming that ScaredWorkedBored is correct in saying that law school applications are legally binding contracts:

There's a term in contract law called "estoppel," which is a doctrine stating that parties of a contract cannot allege or deny that which has been stated a priori or previously adjudicated in contemplation of law.

Consider the laws of expungement statutes in many states (e.g., California, New York, West Virginia, etc.) clearly state that after expunction and notwithstanding narrowly tailored exceptions, the incident is said to have never existed.

On the other side of the coin of estoppel, it can be argued that parties of a contract cannot be coerced into stating the contrary of what has been previously adjudicated in contemplation of law--even if the terms of contract stipulate/demand/whatever otherwise.

Now obviously I'm no expert on the matter, so again, to the OP, it'll be in your best interest to seek counsel from the state attorney and private practice attorneys. As it currently stands, the law says that, among bar associations, only the Florida state bar can see expunged records of Florida. Something to keep in mind.

There we go, much better!

[justonequestion]

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[270910]

Care to provide an alternative explanation if mine is wrong?

Not especially.

[justonequestion]

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[Na_Swatch]

I haven't figured out if Top Bloke is purposely trolling or just likes to spew flat out wrong information off the top of his head...

But anyways don't listen to any of his advice... he's been consistently wrong throughout many topics, yet always seems to respond to these questions quickly.

[270910]

So my explanation is wrong because you say it is and not because there's a right one that you can provide?

(Now I'm just crossing out your posts for the hell of it)

[justonequestion]

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[270910]

Ah

[PDaddy]

Assuming:
You're not guilty, you won't be convicted. You're not even being prosecuted. What do you have to report? Nothing.

Fail! OP should tell them anyways. He was "accused" (by the police), and there is a disposition (charges dismissed).

For the sake of law school applications, there is no distinction between "accused" and "charged". If another person files a complaint on you and a report is made, you need to report it even if it leads nowhere. I received a speeding ticket a few days ago, and I'm reporting it, even though the state doesn't consider speeding a "crime" and the school doesn't ask about traffic violations.

OP, read the application for the school you are admitted to, carefully. If it asks you if you have ever been arrested or charged (even if the charges were dismissed) then you have to disclose this incident. You must tell the school that you were arrested, charged and the charges were dropped. Bottom line. You always have an ongoing duty to disclose any changes to character and fitness questions from the time of acceptance until the time you matriculate (probably until graduation, actually).

However, if you could somehow get the prosecutor to write a personal letter on your behalf that would obviously help tremendously. I would have him send this directly to admissions and have them add it to your file (if you can get this).

TITCR

[esq]

Ah

[phoenix323]

Don't listen to these -1L's arguing over privacy law and other armchair BS. Your law school asks if you were ever charged. The answer to that is "yes." Withholding a criminal offense from the law school when they ask for it (they are) is a good way to get denied by C&F.

And no, the law school has no duty to make sure you're not lying. You can lie to them as much as you want to. You just won't get away with it later. It's your ass, not theirs. Ignore TopBloke completely.

-
"Dear [Law School]

In light of my obligation under [continuing application paragraph] I am amending my answer to Question [X] Charged Criminal Offenses. I have been charged with [X] since my application.

Circumstances are [Y]. Resolution was [Z]. This amended answer constitutes a complete and true answer to Question [X].

Thank you for your consideration."
-

Don't reference anything that hasn't actually been done yet or that you can't prove. Either the charges have been dropped officially or they have not. "This dude promised to drop them" sounds stupid and is not going to be believed absent a letter from the state's attorney. It's 10x easier & more normal to be able to say "Case was dismissed on request of the state on [date]." Get your attorney off his butt and have him schedule a dismissal with the prosecutor.

You may have to explain to the law school why you took two months to inform them of this, but that's neither here nor there. If they care, they care and you have another issue. Not avoidable.

Also, the way police arrest records work, there's almost certainly a record of the third-degree felony in their system. You will have to cop to the bar that you were arrested for said felony because they will find things like that. You're correct that all expungement stuff is generally ignored for bar purposes.

This is credited. Please do not listen to TopBloke, or you'll be left with a useless piece of paper when you graduate because you'll get owned during C&F.

Disclose now.

Good luck. I think if you disclose, you'll be ok.

[accent]

The question asked if you have ever been charged with.... resulting in.....- the charges did not bring any of the results listed. I keep reading "could have brought... if pending" - there is nothing pending, so therefore, the charges cannot bring any of the listed results

I think that one can argue the question was geared only to charges that resulted (already) or could have resulted to ... if pending.

[accent]

In addition, if there was a question "have you ever been arrested", then you have to disclose the info

[flightcontrol]

. . .

[bigben]

I don't know. Why do you have to provide it just because they ask?

That's the same question I'm asking over in my thread about Cornell (and NYU, and indirectly, Columbia)'s application violating state laws guarding against asking about dismissed and nol prosequi cases.

No, they have a right to ask, and you have the right to refuse to answer.

And they have the right to deny you admission. Or take disciplinary action. Or expel you. And the ABA has the right to deny you admission to the bar because your "character" is lacking.

Yay, rights for everybody!!

[cartercl]

Do you have to report the incident? No.

Have you ever been charged with a violation of law resulting in, or if still pending, that could result in,
deferred prosecution, probation, community service, community control, restitution, monetary fine, a jail
sentence, or revocation or suspension of your driver's license (including traffic violations resulting in a fine
of $200 or more), regardless of plea or whether adjudication of guilt or imposition of sentence was
suspended, deferred, or withheld?

This question requires you to report under either of two conditions:

• 1. You have been charged with a violation that resulted in punishment OR

• 2. You have been charged with a violation and the matter is still pending

This interpretation is confirmed by the catchall, which requires you to report regardless of:

• 1. Plea

• 2. Suspended adjudication or sentencing

• 3. Deferred adjudication or sentencing

• 4. Withheld adjudication or sentencing

Broadly, the paragraph is intended to cover any situation in which you acted unlawfully, regardless of mitigated sentence. That is not your situation; hence, you do not need to report. That said, it may inure to your benefit to do so - since you've already been admitted, I would simply shoot an email, or better yet, make a call to an academic dean.

Sorry, but this is wrong. Again, the duty to disclose is ongoing. One can't simply wait until all charges are dropped thus relieving him/her of the duty to disclose as a result of the language in the application. So if the charges were dropped before OP applied, he might be okay with not disclosing (though I still wouldn't advise it).

But as soon as he is arrested and charged either 1) anytime after the application has been submitted; 2) anytime after acceptance; or 3) anytime during attendance, he has a charge that is "still pending, that could result in deferred prosecution, probation, etc..." Therefore he has immediately met the requirements for disclosure at the point of being charged. He must disclose. He has already made a grave mistake by waiting 2 months to finally decide to tell the school about this incident. The disposition doesn't matter. All that matters is that his case has been "pending" for 2 freaking months and he still hasn't disclosed it.