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Posted: Wed Jun 01, 2011 11:17 pm
by gottago
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Re: How to approach factually innoncent arrest?

Posted: Wed Jun 01, 2011 11:26 pm
by CanadianWolf
If disclosure is required, then reveal the facts in an unemotional, clear & concise fashion. Experienced lawyers should be aware that improper & unjustified arrests occur. The key here is the manner in which you address the issue & how you plan to use your personal experience.

Re: How to approach factually innoncent arrest?

Posted: Wed Jun 01, 2011 11:43 pm
by puppylaw
You should state that you were arrested, that you were innocent, that the charges were dropped, and that the record was sealed. I don't think disclosing this would harm you.

Re: How to approach factually innoncent arrest?

Posted: Thu Jun 02, 2011 1:04 pm
by CanadianWolf
Typically the facts & circumstances surrounding the arrest must be disclosed on law school & bar applications; simply stating that one was arrested, the charges were dropped & that the record was sealed will lead to further inquiry.

OP: Do not permit a wrongful arrest to define you--let it motivate you to understand & help others.

Re: How to approach factually innoncent arrest?

Posted: Thu Jun 02, 2011 1:10 pm
by loblaw
It's really easy. I had a similar situation. Just state why you were arrested, why the mistake occurred and how the situation was resolved. Just be very careful not to sound the least bit indignant/angry about it. Facts only.
gottago wrote:I was wrongfully arrested when I was factually innocent. The DA found out and dropped charges. In my state, when an action is terminated favorably to the accused, the record is sealed and not disclosed to anybody except for police officer applications and pistol permits, which the licensing bar is not.

I've read that applicants should claim responsibility and not blame others, but how should someone truly innocent discuss something like that?

On the one hand, it sounds like something everybody with a dismissed record can say. On the other, saying "I've learned my lesson" doesn't quite fit. What's the harm in denying it if no one will find out?

Don't turn this into an ultimate judgment of moral values of honesty and integrity--I'm trying to get into some top law schools here.

Re: How to approach factually innoncent arrest?

Posted: Thu Jun 02, 2011 1:11 pm
by CanadianWolf
Agree with loblaw, but anger & indignation channeled ( or channelled) appropriately can do a lot of good.

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Posted: Thu Jun 02, 2011 8:23 pm
by gottago
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Re: How to approach factually innoncent arrest?

Posted: Thu Jun 02, 2011 8:30 pm
by plum
gottago wrote:What's the problem with exercising my legal right to deny its happening, if the bar doesn't have the statutory authority to bypass the sealing protections?
not sure this is true. in any event, full disclosure is a basic C&F point, and is far outweighed by any imaginary increase in admissions chances. what's the point of getting into law school if you can never end up taking the bar because they find out you concealed/lied about your criminal past.

Re: How to approach factually innoncent arrest?

Posted: Fri Jun 03, 2011 11:55 am
by loblaw
gottago wrote:It wouldn't hurt me even at places like Yale and Harvard? I have a hard time believing that another applicant with similar credentials minus the mishap wouldn't be given an advantage. I would prefer to not concede any ground, as I'm sure all of you know, competition for places like that is stiff.

What's the problem with exercising my legal right to deny its happening, if the bar doesn't have the statutory authority to bypass the sealing protections?
The thing is, it really doesn't matter. The law school seriously will not care about you being falsely accused of something. They might even feel bad for you. If you fail to disclose and they find out, however, they will care. A LOT.

Re: How to approach factually innoncent arrest?

Posted: Fri Jun 03, 2011 12:18 pm
by CanadianWolf
There are arrests resulting in dropped charges that raise concerns---such as when witnesses disappear.

Re: How to approach factually innoncent arrest?

Posted: Fri Jun 03, 2011 12:32 pm
by haus
loblaw wrote:
gottago wrote:It wouldn't hurt me even at places like Yale and Harvard? I have a hard time believing that another applicant with similar credentials minus the mishap wouldn't be given an advantage. I would prefer to not concede any ground, as I'm sure all of you know, competition for places like that is stiff.

What's the problem with exercising my legal right to deny its happening, if the bar doesn't have the statutory authority to bypass the sealing protections?
The thing is, it really doesn't matter. The law school seriously will not care about you being falsely accused of something. They might even feel bad for you. If you fail to disclose and they find out, however, they will care. A LOT.
+1

Re: How to approach factually innoncent arrest?

Posted: Fri Jun 03, 2011 12:36 pm
by flexityflex86
You only need to disclose at schools whose apps say "even if the charges have been dropped," which is well under half of apps. I also agree it won't have an effect on you.

Re: How to approach factually innoncent arrest?

Posted: Fri Jun 03, 2011 12:39 pm
by CanadianWolf
Without knowing the facts & circumstances of this matter, it is difficult to predict whether or not the arrest will adversely affect your law school applications.

Most law school applications are likely to ask about any arrests---regardless as to whether or not charges were filed or subsequently dropped or dismissed.