Failed to Disclose Prior Arrest and About To Graduate (NY) Forum

[Anonymous User]

Removed

[talons2250]

You need to talk to an attorney who specializes in assisting other attorneys with character and fitness issues in New York.

https://nyethics.com/services/bar-admissions/

[Anonymous User]

Hi all,

I know many people will say to disclose and amend but I am really worried if taking this step with adversely affect me, more so than trying to pass C&F as my app stands.

Disclose and amend is always better. If they find out after you graduate school, you can kiss your admission goodbye.

[cavalier1138]

I can understand thinking that disclosure would be worse than the underlying arrest before law school. But you've gone through almost three years of legal education now, so you know that you need to disclose.

I'm also super-confused about why this arrest was the one you concealed, since it sounds less serious than the DWI you disclosed.

[Anonymous User]

I can understand thinking that disclosure would be worse than the underlying arrest before law school. But you've gone through almost three years of legal education now, so you know that you need to disclose.

I'm also super-confused about why this arrest was the one you concealed, since it sounds less serious than the DWI you disclosed.

Because there was public record of the DWI and they thought they could get away with not disclosing the arrest without charges. They still seem to think that.

[Anonymous User]

OP here-

Thanks for the feedback so far.

Can anyone provide insight if requesting to amend law school app so close to graduation may be a real issue with the school? The arrest in question was nearly 15 years ago...do you think the school will care at this point? FWIW, I have already secured a job and am in pretty good standing with the school...

[Anonymous User]

Similar thing happened to me. Just contact your school to amend. If it truly was minor, the school will probably just figure you forgot to disclose. They will likely be okay with it since they have an interest in you passing C&F.

I wasn’t applying to NY but my school and the state bar were fine with it.

[jc9812]

the school wont care. i disclosed and amended a month before graduating.

[Anonymous User]

OP here-

Will the school penalize me in any way by disclosing an additional arrest? i.e. can they say I should get less of a scholarship for example? Or give me issues like "we would have never admitted you" if you had all these arrests in your record?

[talons2250]

The school might penalize you, but what's the alternative? Don't tell your school, don't tell the character and fitness committee, and just hope no one ever finds out that you withheld the info? That is extremely risky. If the arrest was truly not a big deal and took place that long ago, then disclosing to your school is truly the lesser of two evils.

[Anonymous User]

I would strongly suggest that you avoid making excuses for your earlier failure to disclose or give even a hint that you were considering not disclosing to C&F. Be contrite and even a bit freaked out. Set up a call with Dean of Students (or whoever handles it).

You were going over the bar application and pulled up you LS application and see that you failed to disclose. You're really sorry want to fix it. Please help? They've heard worse trust me. At this point they just want you to pass.

[nixy]

OP here-

Will the school penalize me in any way by disclosing an additional arrest? i.e. can they say I should get less of a scholarship for example? Or give me issues like "we would have never admitted you" if you had all these arrests in your record?

One additional, earlier arrest (of two arrests that are both over 12 years old) that didn't result in charges is not "all these arrests." It wouldn't have made the slightest bit of difference at the time, and I agree with talons2250 that the alternative is not great. No, it doesn't seem likely that someone will find out, but you don't want to risk that when disclosure isn't going to hurt you. They're not going to go back and rescind your admission to law school.

Also, the fact that you purposely didn't disclose it when you applied is honestly kind of bad. Forgetting is one thing, but not disclosing b/c you thought it would look bad is not a good way to approach any of this. I'm not saying you have to disclose that you purposely didn't disclose (just don't go there), but if you haven't really absorbed this lesson over the course of law school, the cover up is invariably going to have worse consequences than anything you want to cover up. (Like, if you had actually embezzled from your employer for years, yes, that would could well be a bar to admission, but covering up the fact that you embezzled from your employer for years will still be even worse.) (Neither of your offenses are remotely comparable to that, it's just a hypothetical.)

[Patriot1776]

Get advice from an experienced attorney that specializes in attorney licensure on how to handle the late disclosure. Advice obtained on this forum should only be used as a source of ideas for questions to ask your attorney. You're going to want to disclose but how you go about it should be determined with advice of counsel. Spend the money on a lawyer so you don't screw it up at this late stage. And if your state allows it, have your attorney enter an appearance and handle any communications between you and the bar/board of law examiners, which demonstrates that you are acting responsibly and take your application seriously.

[blair.waldorf]

Get advice from an experienced attorney that specializes in attorney licensure on how to handle the late disclosure. Advice obtained on this forum should only be used as a source of ideas for questions to ask your attorney. You're going to want to disclose but how you go about it should be determined with advice of counsel. Spend the money on a lawyer so you don't screw it up at this late stage. And if your state allows it, have your attorney enter an appearance and handle any communications between you and the bar/board of law examiners, which demonstrates that you are acting responsibly and take your application seriously.

Not legal advice but I would think doing the bolded without the bar/board of law examiners actually requesting an interview or further investigation into your application would be seen as strange and draw unnecessary attention to your application.

[Chrstgtr]

Honestly, this type of caginess is the reason why C&F exists. You clearly purposely concealed this and are trying to continue to lie about it. If it’s no big deal, disclose. If it is a big deal, then you’ve been lying here too and have bigger issues.