Misdemeanors and effect on employment Forum

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Misdemeanors and effect on employment

Post by Anonymous User » Mon Sep 08, 2014 12:01 am

Please don't quote, and thanks for your help.

I don't want to go too much into the details, but some context may help for "worst case scenario" purposes.

Toward the end of my final year in undergrad, I was intoxicated, and, after a verbal misunderstanding, was punched several times by a much larger individual as I attempted to leave the situation. I was pursued and, in an attempt to scare the aggressor to put a stop to the situation, I brandished a small pocket knife and made threatening statements, unfortunately to individuals who were not involved in the primary situation.

This resulted in eventually pleading guilty to two counts of aggravated menacing (1st degree misdemeanor) and one count of disorderly conduct (minor misdemeanor). I was fined and after one year of subsequent lawful behavior I became eligible to have the case expunged, which I did.

Subsequent to these events I have had no further criminal history. I also worked for a respected company for several years afterward with a good employment record.

I'm curious how this will affect me as I seek employment in the coming years.

- How will this affect my C&F chances for the bar? I believe there are mitigating factors (time, remorse, isolated incident, age at time of incident, lack of it being theft or dishonesty), but I'm curious if anyone could speak to this.

- How would this affect my chances at biglaw? Do I need to disclose expunged records? I'm not sure what the wording on their employment forms is like.

- How would this affect my chances in FedGov? I spoke with a security clearance consultant who felt I would have no issue gaining clearance. I'm more interested in how this affects my actual chances at being hired.

- How would this affect my chances for a clerkship?

If it matters, assume HYS and solid grades.

I appreciate any comments or experiences anyone can share.
Last edited by Anonymous User on Mon Sep 08, 2014 12:11 am, edited 2 times in total.

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heavoldgotjuice

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Re: Misdemeanors and effect on employment

Post by heavoldgotjuice » Mon Sep 08, 2014 12:03 am

I had no idea YHS pulled knives on people, menacingly.

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Re: Misdemeanors and effect on employment

Post by Anonymous User » Mon Sep 08, 2014 12:07 am

Talk to an attorney in the state you're planning on practicing in, they can give you the honest rub (maybe even before you pay them anything, later you'll run you're c&f application by them and that's when they'll charge, ymmv).

I think you'll be fine, but how about you make a dummy email address so I can email you?

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Re: Misdemeanors and effect on employment

Post by Anonymous User » Mon Sep 08, 2014 12:13 am

Anonymous User wrote:Talk to an attorney in the state you're planning on practicing in, they can give you the honest rub (maybe even before you pay them anything, later you'll run you're c&f application by them and that's when they'll charge, ymmv).

I think you'll be fine, but how about you make a dummy email address so I can email you?
Sure. legalemploymentquestion@gmail.com

Thanks

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A. Nony Mouse

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Re: Misdemeanors and effect on employment

Post by A. Nony Mouse » Mon Sep 08, 2014 12:21 am

Heavold, if you don't have anything useful to add, stay out of the on-topics.

My understanding is that the bar won't care as long as you disclose, took responsibility, and have completed whatever punishment you were given. That is, if an applicant has a conviction (depending on its nature), but it's in the past and they did their sentence and everything is done, it shouldn't be an issue. If someone were, say, still on probation when they applied, that might be a problem. Or pending trial. (This is obviously a generalization - it will depend on the state and what it specifically asks for, but usually taking responsibility + having resolved the issue is okay.)

As for government hiring: they won't be asking you anything about this before hiring you. If it doesn't affect a security clearance, then, it won't make any difference.

And clerkships don't run background checks. The application for judicial branch employment asks for convictions, including misdemeanors, but doesn't require you to include anything expunged under federal or state law. (At least, the form I filled out, which looks pretty universal.)

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Anonymous User
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Re: Misdemeanors and effect on employment

Post by Anonymous User » Mon Sep 08, 2014 12:29 am

A. Nony Mouse wrote:Heavold, if you don't have anything useful to add, stay out of the on-topics.

My understanding is that the bar won't care as long as you disclose, took responsibility, and have completed whatever punishment you were given. That is, if an applicant has a conviction (depending on its nature), but it's in the past and they did their sentence and everything is done, it shouldn't be an issue. If someone were, say, still on probation when they applied, that might be a problem. Or pending trial. (This is obviously a generalization - it will depend on the state and what it specifically asks for, but usually taking responsibility + having resolved the issue is okay.)

As for government hiring: they won't be asking you anything about this before hiring you. If it doesn't affect a security clearance, then, it won't make any difference.

And clerkships don't run background checks. The application for judicial branch employment asks for convictions, including misdemeanors, but doesn't require you to include anything expunged under federal or state law. (At least, the form I filled out, which looks pretty universal.)
Thank you – I appreciate the info. That's reassuring. Do you have any idea about biglaw? I'm curious as to whether they ask for expunged records. Although I guess that could partially be state-dependent.

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A. Nony Mouse

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Re: Misdemeanors and effect on employment

Post by A. Nony Mouse » Mon Sep 08, 2014 12:31 am

Sorry, I don't know anything about big law. I think I've seen people here report some firms running background checks and others not, but that's the most I can say.

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Re: Misdemeanors and effect on employment

Post by Anonymous User » Mon Sep 08, 2014 12:33 am

A. Nony Mouse wrote:Sorry, I don't know anything about big law. I think I've seen people here report some firms running background checks and others not, but that's the most I can say.
No worries. Thanks again.

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