any bar association person or lawyer says when in doubt disclose...
This exact situation is asked in MPRE questions and the answer is always disclose.
Okay, I think you have good arguments, but I feel like you are misapplying some rules here. First of all, the key phrase in the first quoted sentence, is "when in doubt". There should be no doubt. And I think the correct phrase after "when in doubt" should usually be "do research, inquiry, and contemplation", rather than guess that you should disclose something.
I may be wrong, but the original poster is talking about expunged minor convictions right? or were they not expunged?
Secondly, I think the MPRE may have a question about criminal convictions that were not
expunged. So the facts are different in that circumstance I believe.
Lastly, I have a few quotes below from Black's Law Dictionary 9th Ed. to clear this situation up, if
we are dealing with convictions that were not
expunged. I believe that the best advice would be to not disclose, if the crimes were expunged:
erasure of record. See EXPUNGEMENT OF RECORD
expungement ofrecord. (1966) The removal of a conviction
(esp. for a first offense) from a person's criminal
record. Also termed expunction of record; erasure of
record. [Cases: Criminal Law C=>1226(3).]
expunge (ek-spanj), vb. (17c) 1. To erase or destroy <the
trustee wrongfully expunged the creditor's claim
against the debtOr>. 2. Parliamentary law. To declare
(a vote or other action) null and outside the record, so
that it is noted in the original record as expunged, and
redacted from all future copies.