Character and Fitness Question Forum

[atlantic800]

I was charged with petty larceny when I was 17. The charges were later dropped to something much less serious in a regular town court. I do not know what those charges were and the court that it involved is closed until after the bar application due date (coronavirus). I paid a small fine, and that was it.

Fast forward 20 years later, I am filling out the NCBE character and fitness questions. Number 34 states:

"Have you ever been cited for, arrested for, charged with, or convicted of any violation of any law other than a case that was resolved in juvenile court? "

The court I was charged in was not a "juvenile court," it was a regular town court. Yet, I was a juvenile when the incident occurred and the record became sealed. Does anyone have any thoughts as to if I should declare this incident on my CDBE character and fitness questionnaire?

[rcharter1978]

The conventional wisdom seems to be "when in doubt, disclose"

I'd disclose, but that's just me.

[nixy]

It doesn’t ask if you were a juvenile, it asks if the charge was resolved in juvenile court. Yours wasn’t. The question also doesn’t exempt charges that were sealed. So my reading is that you would disclose.

(If you can’t get all the info bc of the COVID closures, I’d provide all the info you can and explain the problem.)

[cavalier1138]

It doesn’t ask if you were a juvenile, it asks if the charge was resolved in juvenile court. Yours wasn’t. The question also doesn’t exempt charges that were sealed. So my reading is that you would disclose.

(If you can’t get all the info bc of the COVID closures, I’d provide all the info you can and explain the problem.)

This. When in doubt, always err on the side of disclosure, but your situation isn't even ambiguous.