Clerking + Criminal Background Forum

[Anonymous User]

Anyone have any idea/experience/information/anecdotes about clerking on the federal level with a civil or criminal background? (Think a pair of underage drinking tickets & a civil violation for possession of marijuana)

[atcushman]

how long ago were they? did you get treatment? have you been candid about the charges/convictions?

[Anonymous User]

All were 7+ years ago. No treatment. Fully disclosed to school/plan to disclose to C&F.

[atcushman]

I found this on another site and it sounds like its at the discretion of the individual judge

I have heard of people with similar backgrounds getting positions on the state level without a problem but I dont know about the fed level.

Since this was so long ago I dont know if it is as much of a concern but the bar usual likes to see that someone with multiple substance abuse charges receives some formal abuse evaluation/treatment it may be beneficial for c&f to go to a drug and alcohol counselor etc. to give you an evaluation stating you do not need treatment and you do not have a substance abuse problem.

"Because each judge functions independently, he or she can add to the qualification requirements for law clerks within the parameters mandated by the Judicial Conference of the United States. A judge's specific qualifications for a position are listed in the position announcement accessible in the Federal Law Clerk Information System. There are, however, general requirements for employment as a federal law clerk that must be satisfied by all appointees. By the time of appointment to a law clerk position, the candidate must be a law school graduate or be certified as having completed all law school studies and requirements and merely awaiting conferment of degree. As of May 16, 2005, newly hired law clerks must undergo a Federal Bureau of Investigation (FBI) fingerprint check. A judge also has the option of requiring a new law clerk to undergo a FBI Central Records Systems name check and a credit check. An employment appointment is provisional and contingent upon the satisfactory completion of the required fingerprint check and other option checks, if required. The court will arrange processing the background checks upon notification of an applicant's selection for a position.
https://lawclerks.ao.uscourts.gov/employinfo.htm"

[Anonymous User]

Thanks for that information. I know this is a rather unique situation, but if anyone else has thoughts regarding this, they are most appreciated.

[Anonymous User]

None of those things are auto DQ from the judiciary’s HR perspective. You’re not getting a security clearance (some clerks do). But yes it will depend on your judge. This is a stereotype, but I would think most judges depending on their background (I.e., public defender, biglaw) wouldn’t care at all while a former AUSA might have heart burn over the marijuana conviction. That being said, judges don’t like surprises.

So if you’re lucky to get an offer, I may even consider disclosing to the judge while mentioning it was pre law school and a long time ago. I would suspect most would be forgiving and appreciate the honestly. Others may disagree.

[Anonymous User]

I was stealthed by my biglaw firm. I disclosed, and HR called my judge, and my judge called me.

[Anonymous User]

Anon for obvious reasons. I had multiple arrests before getting my act together. Depending on the court, you may have to disclose your arrests. My arrests were also over 7 years prior to the start of my clerkships — the district court asked for disclosure, the court of appeals did not. This is an HR thing mostly. I don’t think my judge even knows about the disclosure and I certainly wouldn’t volunteer this info to your judge (something I considered doing) because it’s basically something you disclose on HR forms — forms most judges don’t look at or care about.