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dannysatellite

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misdemeanor question
« on: January 27, 2012, 04:57:54 AM »
Hello all,

This question closely resembles a previous thread:

http://www.lawschooldiscussion.org/index.php?topic=4020411.0

Now, what would the response be if the Class A misdemeanor occurred in a different state than one's home state and place of study/practice?  For applying purposes, I understand that it is advisable to either mention it or not in the beginning, while applying.  An applicant is, based on the honor system, expected to state it in the beginning of course but in the above thread there was talk about how it is common to hold off until after acceptance, but to definitely bring it up to the dean at that point. 

What if the misdemeanor happened in one state and I go to a school in a different state altogether, where I attend, graduate and eventually pass the bar?  Will the school or the bar come across a conviction (expunged or not) from another state?  Do you advise the same--disclose it anyway, or will the record most likely not show?

Thank you.

lawschoolsurvival

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Re: misdemeanor question
« Reply #1 on: February 21, 2012, 09:18:09 PM »
I have not read the post that you referenced, but I 100% disagree with anyone who thinks that you should not disclose your history before admission. Law Schools only want people that will be ale to take and pass the Bar, and most Bar Associations will not allow you to test if you have committed certain crimes; namely those associated with fraud or theft. Whatever your misdemeanor was, I would disclose it and contact the school to talk or meet with someone in order to discuss the issue. Your honesty might make the difference when they are sitting around a table looking at potential candidates.

I witnessed several students who were kicked out for crimes they committed during law school, let alone crimes committed prior to admission. My point here is that being admitted does not shield you from your actions.

I realize my post sounds a little harsh, but there is still hope. Many of the misdemeanors out there won't hurt you too much. I knew law students who had convictions for DUI's, Illegal transportation of alcohol, and (minor) assaults... the Bar and your school know realize that people make mistakes That is exactly why I think you should talk to your school, they will know best whether your conviction will hurt you or not, and could save you a lot of trouble and worry.
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john4040

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Re: misdemeanor question
« Reply #2 on: February 22, 2012, 01:05:49 AM »
Hello all,

This question closely resembles a previous thread:

http://www.lawschooldiscussion.org/index.php?topic=4020411.0

Now, what would the response be if the Class A misdemeanor occurred in a different state than one's home state and place of study/practice?  For applying purposes, I understand that it is advisable to either mention it or not in the beginning, while applying.  An applicant is, based on the honor system, expected to state it in the beginning of course but in the above thread there was talk about how it is common to hold off until after acceptance, but to definitely bring it up to the dean at that point. 

What if the misdemeanor happened in one state and I go to a school in a different state altogether, where I attend, graduate and eventually pass the bar?  Will the school or the bar come across a conviction (expunged or not) from another state?  Do you advise the same--disclose it anyway, or will the record most likely not show?

Thank you.

Read the question closely (not as you would like it to read).  What does it say? 

If it simply asks you to list all your prior convictions, then you must list it. 
If it makes an exception for expunged crimes and the crime has been expunged, do not list it. 
It makes no difference that the misdemeanor occurred in a different state than one's home state and place of study/practice.
You should always err on the side of inclusion.
The bar will come across a conviction from another state, unless the conviction has been expunged. 
However, that's no reason to hide the conviction if the call of the question is clearly an unqualified "have you ever been convicted..." (which it often is).
The consequences of being caught in a lie are far greater than simply listing the conviction.