Accepted Summer Associate offer, passed background check, got misdemeanor. Advice? Forum

[Ijustboughtafuton]

Hello,

I am looking to advice as to how to best handle my current situation. I am a 2L that accepted a SA position at my dream firm last fall. I have already passed the background check.

Shortly after passing the background check, I received a citation for drunk driving. It has been negotiated down to a reckless driving offense, which is still a misdemeanor, and I will be accepting the plea deal in the near future. Should I disclose to the firm? I want to maximize my chances of receiving an offer and am worried that if I don’t disclose before a potential second background check that they will be upset that I didn’t let them know beforehand.

On the other hand, I am worried that if I disclose, my SA offer will be rescinded.

What should I do?

[FedFan123]

Hello,

I am looking to advice as to how to best handle my current situation. I am a 2L that accepted a SA position at my dream firm last fall. I have already passed the background check.

Shortly after passing the background check, I received a citation for drunk driving. It has been negotiated down to a reckless driving offense, which is still a misdemeanor, and I will be accepting the plea deal in the near future. Should I disclose to the firm? I want to maximize my chances of receiving an offer and am worried that if I don’t disclose before a potential second background check that they will be upset that I didn’t let them know beforehand.

On the other hand, I am worried that if I disclose, my SA offer will be rescinded.

What should I do?

What should you do? You should probably download Uber and Lyft

[oldlawstudent56]

Hello,

I am looking to advice as to how to best handle my current situation. I am a 2L that accepted a SA position at my dream firm last fall. I have already passed the background check.

Shortly after passing the background check, I received a citation for drunk driving. It has been negotiated down to a reckless driving offense, which is still a misdemeanor, and I will be accepting the plea deal in the near future. Should I disclose to the firm? I want to maximize my chances of receiving an offer and am worried that if I don’t disclose before a potential second background check that they will be upset that I didn’t let them know beforehand.

On the other hand, I am worried that if I disclose, my SA offer will be rescinded.

What should I do?

You aren't under a continuing obligation to report your personal matters to the firm. (I'd be surprised if that was included in your terms of summer employment). You did so already (and subsequently got the ticket). You will, of course, have to report this when applying for admission to your state's bar and it will be at the firm's discretion to run an additional background check before your start after graduating (assuming they hire you full time).

If you don't say anything to the firm then, at the very most, they could see a misdemeanor by your name when running a search. Best to not spill the beans when you don't have to, in which case you could slip and begin divulging the gruesome details of how it all transpired.

[cavalier1138]

You aren't under a continuing obligation to report your personal matters to the firm. (I'd be surprised if that was included in your terms of summer employment). You did so already (and subsequently got the ticket). You will, of course, have to report this when applying for admission to your state's bar and it will be at the firm's discretion to run an additional background check before your start after graduating (assuming they hire you full time).

If you don't say anything to the firm then, at the very most, they could see a misdemeanor by your name when running a search. Best to not spill the beans when you don't have to, in which case you could slip and begin divulging the gruesome details of how it all transpired.

In general, if you have a choice between disclosing and not disclosing, you should err on the side of disclosing. The OP is right to think that this is something they want to get out in front of, because they're going to have to go through another background check if they get an offer. It looks better if they let the firm know earlier. Not disclosing could lead the firm to ask more questions about what happened, because it would look like the OP was doing exactly what you're recommending (trying to slip a DUI conviction in their file without anyone noticing).

OP: I'd let the firm know after the plea goes through, so you don't risk having to change the narrative if the deal gets altered. I wouldn't over-disclose; ideally, you can just give them whatever details are agreed to in the plea. And take whatever additional steps you need to not make boneheaded decisions like this in the future. A slap on the wrist and a little anxiety about your career is about the best possible outcome you can hope for when driving drunk.

[oldlawstudent56]

because they're going to have to go through another background check if they get an offer

This is not necessarily true.

If OP is indeed getting a traffic-related misdemeanor it would be a bit much to expect him/her to disclose that to his/her employer. Lots of lawyers get traffic tickets (misdemeanors) and don't disclose that to their employer. Bit weird to go to HR and be like "btw, got a ticket for running a red light/ reckless driving JFYI."

OP will absolutely have to disclose this when applying for admission and IF the firm runs another background check, they'll spot a traffic-related misdemeanor, which will, in all likelihood, not alarm anyone.

Not advocating for accruing DUIs, but if the crime committed is indeed not a DUI -- probably best to cough things up when directly ask. Always easier to ask for forgiveness than permission in any event.

[cavalier1138]

because they're going to have to go through another background check if they get an offer

This is not necessarily true.

If OP is indeed getting a traffic-related misdemeanor it would be a bit much to expect him/her to disclose that to his/her employer. Lots of lawyers get traffic tickets (misdemeanors) and don't disclose that to their employer. Bit weird to go to HR and be like "btw, got a ticket for running a red light/ reckless driving JFYI."

OP will absolutely have to disclose this when applying for admission and IF the firm runs another background check, they'll spot a traffic-related misdemeanor, which will, in all likelihood, not alarm anyone.

Not advocating for accruing DUIs, but if the crime committed is indeed not a DUI -- probably best to cough things up when directly ask. Always easier to ask for forgiveness than permission in any event.

I think you're confusing a misdemeanor with a violation/infraction. The former is a criminal conviction, albeit a minor one. Most traffic tickets don't result in misdemeanor convictions, so it's definitely not going to go unnoticed.

[ghostoftraynor]

because they're going to have to go through another background check if they get an offer

This is not necessarily true.

If OP is indeed getting a traffic-related misdemeanor it would be a bit much to expect him/her to disclose that to his/her employer. Lots of lawyers get traffic tickets (misdemeanors) and don't disclose that to their employer. Bit weird to go to HR and be like "btw, got a ticket for running a red light/ reckless driving JFYI."

OP will absolutely have to disclose this when applying for admission and IF the firm runs another background check, they'll spot a traffic-related misdemeanor, which will, in all likelihood, not alarm anyone.

Not advocating for accruing DUIs, but if the crime committed is indeed not a DUI -- probably best to cough things up when directly ask. Always easier to ask for forgiveness than permission in any event.

I'm not sure misdemeanor DUI v. misdemeanor makes much of a difference. Maybe unfair, but a reckless driving charge signals to many people person was probably drinking and driving. I don't know anyone who has one that didn't just negotiate down their DUI.

Firm probably isn't going to care and don't think you have an affirmative duty to report. Definitely do not lie.

Bar obviously have an affirmative duty to report and likely will cause headaches. Just be squeaky clean going forward and you should probably be fine.

[TigerIsBack]

so in states like Virginia, any speeding ticket over 80mph is a misdemeanor. You could be going 80mph in a 65mph zone on I-95 and receive a reckless driving ticket which is a misdemeanor and requires a court appearance.

These usually get negotiated down, but I'm sure there's someone in the history of speeding in VA that didn't get it negotiated down due to prior traffic violations.