Character and Fitness Worries

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TWERP34

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Character and Fitness Worries

Post by TWERP34 » Sun Jan 19, 2020 1:01 pm

I am a 2L with a minor misdemeanor at age 19 (8 hours community service and expungement) and a substantial traffic ticket (90 in a 55; no reckless driving). The speeding ticket was not a criminal conviction. I paid my fine and I took a voluntary driver improvement class in an effort to reduce the points. The speeding ticket occurred at age 20.

Just recently, at 23, I received a speeding ticket for 67 in a 45. Again the police officer felt bad for me because I did not see the sign for “45 mph” when it was 65 mph before. He did not charge me criminally and I paid the fine for the speeding ticket.

My question is will the expunged misdemeanor and 2 speeding tickets fail my C&F portion of the bar?

QContinuum

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Re: Character and Fitness Worries

Post by QContinuum » Mon Jan 20, 2020 12:27 am

This is not legal advice, I am not a C&F lawyer, and I'm not your lawyer. Also, C&F standards vary significantly from jurisdiction to jurisdiction, and what may be a significant C&F issue in one jurisdiction may be a nonissue (or not even disclosable) in another; so even a C&F lawyer would not be able to give you definitive advice not knowing which jurisdictions are involved.

All that said, my general sense is that misdemeanor speeding tickets are extremely unlikely to constitute a significant C&F issue for any applicant (unless coupled with other offenses, in which case the traffic tickets might help establish a pattern of irresponsible behavior). Very few people go into C&F with squeaky clean records, as traffic citations are extremely common. However, you should be prepared to submit all relevant details and documentation relating to your traffic tickets - this may take a while, and - depending on the state - may be bureaucratic to obtain, so it may make sense to start tracking these down now so you have them ready.

TWERP34

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Re: Character and Fitness Worries

Post by TWERP34 » Mon Jan 20, 2020 10:19 am

QContinuum wrote:This is not legal advice, I am not a C&F lawyer, and I'm not your lawyer. Also, C&F standards vary significantly from jurisdiction to jurisdiction, and what may be a significant C&F issue in one jurisdiction may be a nonissue (or not even disclosable) in another; so even a C&F lawyer would not be able to give you definitive advice not knowing which jurisdictions are involved.

All that said, my general sense is that misdemeanor speeding tickets are extremely unlikely to constitute a significant C&F issue for any applicant (unless coupled with other offenses, in which case the traffic tickets might help establish a pattern of irresponsible behavior). Very few people go into C&F with squeaky clean records, as traffic citations are extremely common. However, you should be prepared to submit all relevant details and documentation relating to your traffic tickets - this may take a while, and - depending on the state - may be bureaucratic to obtain, so it may make sense to start tracking these down now so you have them ready.
Thank you for your response. The speeding tickets were not misdemeanors. They were just traffic violations. Also the misdemeanor was not driving, alcohol, or drug related. Do you think the fact that there isn’t a connection between the misdemeanor and speeding tickets helps my situation?

QContinuum

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Re: Character and Fitness Worries

Post by QContinuum » Mon Jan 20, 2020 10:00 pm

TWERP34 wrote:Thank you for your response. The speeding tickets were not misdemeanors. They were just traffic violations. Also the misdemeanor was not driving, alcohol, or drug related. Do you think the fact that there isn’t a connection between the misdemeanor and speeding tickets helps my situation?
Ah, apologies for wrongly conflating the misdemeanor and the speeding tickets. My gut sense continues to be that the speeding tickets won't be an issue. It's probably relatively rare for bar applicants to not have a single speeding ticket on the record. As for the misdemeanor itself, it likely depends on the nature of the misdemeanor. The most concerning for C&F would be anything involving dishonesty (e.g., shoplifting, using someone else's ID, etc.). Second most concerning would be anything involving violence or harassment. My gut sense is that something that doesn't involve dishonesty, violence or harassment - say, misdemeanor littering - wouldn't be much of an issue at all. But again, if you're concerned, the best thing to do is to consult with an experienced C&F attorney in your jurisdiction(s) of interest. These things really vary a lot from state to state.

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rcharter1978

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Re: Character and Fitness Worries

Post by rcharter1978 » Sun Jan 26, 2020 1:41 am

OP - I'm probably one of the biggest alarmists when it comes to C&F issues. As someone who isn't a c&f
attorney, I'd almost never give a definitive response about anything in the C&F arena.

But here, I feel comfortable giving you a 98% guarantee that this is not going to tank your c&f. Take it with a grain of salt, but still.

You should absolutely disclose the misdemeanor, even if expunged.
They may ask for more details from the misdemeanor, but it sounds like you're about 5 years past it and you haven't had a problem since.

Also - slow down buddy!

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ghostoftraynor

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Re: Character and Fitness Worries

Post by ghostoftraynor » Sun Jan 26, 2020 3:36 pm

rcharter1978 wrote:OP - I'm probably one of the biggest alarmists when it comes to C&F issues. As someone who isn't a c&f
attorney, I'd almost never give a definitive response about anything in the C&F arena.

But here, I feel comfortable giving you a 98% guarantee that this is not going to tank your c&f. Take it with a grain of salt, but still.

You should absolutely disclose the misdemeanor, even if expunged.
They may ask for more details from the misdemeanor, but it sounds like you're about 5 years past it and you haven't had a problem since.

Also - slow down buddy!
I'd put it at like 99.9%. Never say never, but it would be bizarre if this a hurdle to anything.

TWERP34

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Re: Character and Fitness Worries

Post by TWERP34 » Thu Feb 13, 2020 10:13 am

Thanks for the replies guys. Reassuring. I have an offer from a V100 firm contingent upon a background check. Do you think this stuff would be enough to ding me?

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