Penn/PA Character and Fitness Question
Posted: Fri Jul 03, 2015 10:22 am
The character and fitness portion of Penn's app from this past cycle included the following question:
5. Have you ever, either as an adult or a juvenile, been arrested, charged, cited, or convicted of a crime (including misdemeanors), or is any charge now pending against you? (This should include matters that have been expunged or subject to a diversionary program.)
(6. Crime Explanation: (maximum characters 500))
My question is whether or not I should disclose a now-expunged summary offense I was charged with (which was eventually dismissed, although that has no bearing on my question) years ago.
As you can see above, Penn's question specifically makes sure to note that a misdemeanor should be disclosed, but says nothing of a summary offense. Penn is, obviously, in Pennsylvania, where (as I have been led to believe, correct me if I am wrong) summary offenses exist as an entirely different class of "violation" in the same way that a misdemeanor is different from a felony. (Again, this is what I have been led to believe. I am open to the idea that I may be wrong.) If this is true, and Penn specifically asks for misdemeanors but not summary offenses, I shouldn't have to disclose it, right? Why volunteer information that they did not ask for?
According to the PA Bar website: "A summary offense is any minor crime, initially heard and decided by a district justice. Many violations of the Motor Vehicle Code, such as speeding, illegal parking and going through a red light, are summary offenses." No part of Penn's C&F questions ask about traffic violations either, unlike the apps of some schools, so - considering that a summary offense is akin to a traffic violation - I am further led to believe that I do not have to disclose it.
When I had my record expunged, I spoke to the court clerk (also a licensed attorney) who said that I should view my former charge in the same way that I would a traffic violation. That is, if the school asks for traffic violations and/or minor-offenses in particular, I would be wise to disclose. But, those that do not ask for either, I should feel comfortable not disclosing and volunteering up that information.
I know that TCR is "over-disclose" and "err on the side of caution and disclosure," but I know its also true and commonly supported that you should not offer up any information that they do not ask for and that you should answer to the best of your ability within the parameters the question itself established. I will be disclosing my summary offense to the schools whose C&F questions, based on their wording and structure, leave me no choice but to disclose. I don't believe that Penn's is one of these questions. I would rather not disclose it if they didn't ask for it. Does anybody have any insight? I have a hard time believing that this was some sort of oversight on the part of the premier law school in PA: they are well aware of the existence of summary offenses and the distinction between them and other violations. If they wanted to know about it, they would have asked, I think.
ETA: PLEASE DONT QUOTE ANY PART OF THIS, THANK YOU.
5. Have you ever, either as an adult or a juvenile, been arrested, charged, cited, or convicted of a crime (including misdemeanors), or is any charge now pending against you? (This should include matters that have been expunged or subject to a diversionary program.)
(6. Crime Explanation: (maximum characters 500))
My question is whether or not I should disclose a now-expunged summary offense I was charged with (which was eventually dismissed, although that has no bearing on my question) years ago.
As you can see above, Penn's question specifically makes sure to note that a misdemeanor should be disclosed, but says nothing of a summary offense. Penn is, obviously, in Pennsylvania, where (as I have been led to believe, correct me if I am wrong) summary offenses exist as an entirely different class of "violation" in the same way that a misdemeanor is different from a felony. (Again, this is what I have been led to believe. I am open to the idea that I may be wrong.) If this is true, and Penn specifically asks for misdemeanors but not summary offenses, I shouldn't have to disclose it, right? Why volunteer information that they did not ask for?
According to the PA Bar website: "A summary offense is any minor crime, initially heard and decided by a district justice. Many violations of the Motor Vehicle Code, such as speeding, illegal parking and going through a red light, are summary offenses." No part of Penn's C&F questions ask about traffic violations either, unlike the apps of some schools, so - considering that a summary offense is akin to a traffic violation - I am further led to believe that I do not have to disclose it.
When I had my record expunged, I spoke to the court clerk (also a licensed attorney) who said that I should view my former charge in the same way that I would a traffic violation. That is, if the school asks for traffic violations and/or minor-offenses in particular, I would be wise to disclose. But, those that do not ask for either, I should feel comfortable not disclosing and volunteering up that information.
I know that TCR is "over-disclose" and "err on the side of caution and disclosure," but I know its also true and commonly supported that you should not offer up any information that they do not ask for and that you should answer to the best of your ability within the parameters the question itself established. I will be disclosing my summary offense to the schools whose C&F questions, based on their wording and structure, leave me no choice but to disclose. I don't believe that Penn's is one of these questions. I would rather not disclose it if they didn't ask for it. Does anybody have any insight? I have a hard time believing that this was some sort of oversight on the part of the premier law school in PA: they are well aware of the existence of summary offenses and the distinction between them and other violations. If they wanted to know about it, they would have asked, I think.
ETA: PLEASE DONT QUOTE ANY PART OF THIS, THANK YOU.