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No Arrest, No Conviction, Disclose?
Posted: Sat Aug 21, 2010 11:51 am
by firemed
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Re: No Arrest, No Conviction, Disclose?
Posted: Sat Aug 21, 2010 11:54 am
by seespotrun
firemedicprelaw wrote:So....
Almost 3 years ago there was an incident. Short version: I defended myself. The other person could have been charged with a 4th degree felony. I could have been charged with petty misdemeanor if they had felt the incident was my fault.
I am still looking up records to confirm this, but I have been assured by a reliable source that the DA chose not to pursue charges against either party. I was not arrested, received no summons, did not go to court, was not convicted, and there is no record at any of the local or state courts of this. Ultimately there is only a police report, and possibly a report in the DA's office somewhere.
So.... No arrest, no conviction, and it appears no charges were filed. Assuming that it is true that no charges were filed, should I disclose the incident?
It depends on the language of the application.
Re: No Arrest, No Conviction, Disclose?
Posted: Sat Aug 21, 2010 11:55 am
by Adjudicator
I would think not, I haven't seen any applications that word their question in a way that would include something like that.
What would that look like.... "Are you now, or have you ever been, anywhere close to possibly being charged with a crime, or have you ever done something that can possibly be construed as 'bad?'"
Re: No Arrest, No Conviction, Disclose?
Posted: Sat Aug 21, 2010 12:09 pm
by 03121202698008
Adjudicator wrote:I would think not, I haven't seen any applications that word their question in a way that would include something like that.
What would that look like.... "Are you now, or have you ever been, anywhere close to possibly being charged with a crime, or have you ever done something that can possibly be construed as 'bad?'"
I've yet to see a law school application that would require this but be careful when it comes time for the bar (or if you go into government service, a security clearance application). I'm not sure about bar apps but for a security clearance they ask if you've ever been investigated for a crime which it sounds like you have.
Re: No Arrest, No Conviction, Disclose?
Posted: Sat Aug 21, 2010 12:32 pm
by JJDancer
Like others said, it depends on the wording of the question but most apps ask if you've been charged/convicted - which would be no.
and some more thorough ones ask if you've ever been arrested (regardless of if charges were filed/you were convicted) - which would still be no.
I don't think any of them get more specific than that so I doubt this is something you would need to disclose.