<p>Okay so my friends son is flipping out because he was arrested. He got into a fight in school and they arrested him (fingerprints and all) and charged him with breach of peace and 3rd degree assault (misdemeanor). He got a great lawyer who was able to do a pre-trial diversion program (which means technically he hasn't been convicted of anything) in which if he completes it will act as if nothign ever happened. However that wont happen until june of the coming year and he has applications to submit. I know this sounds very dirty but will colleges find out if he lies on the question about being arrested?. advice asap, his parents are worried to death and so is he. technically he hasn't been convicted of anything and wont be if he completes this program. He is applying to some high schools (fordham, brandise for example). any idea?</p>
<p>How old is your "friend". From your other posts, you are a student. Did this happen to you? If so, not a very good cover-up. </p>
<p>I believe the question asked on applications is if you were arrested. You were. This will require an explanation. Violence is not viewed favorably by college admissions folks, unless it was a minor scuffle. The high school will most likely be reporting this as a suspension (I assume there was one if there was an arrest). I lean heavily on the side of NOT reporting things that are borderline, but this one isn't borderline.
An explanation (not an excuse) of what led to the fight and what you learned from the situation can go a long way.</p>
<p>the school doesn not show suspensions on my transcript and since he was under 18 his case is closed right now, and no this didn't happen to me, it happened to one of my friends. his only worry is if colleges will find out if he doesn't say anything and if the school doesnt say anything</p>
<p>MOWC is right, read the questions, if they ask "Arrested" the answer is yes, even after the charges are dismissed via the diversion program. If they ask "convicted" then the answer is no, even if the person is not finished with the diversion program, as there will be no conviction unless the program is not completed.</p>
<p>It seems like apps ought to ask about convictions, not arrests, as people are mistakenly arrested and the purpose of diversions is to give some one another chance, but I have not read those apps in a long time and did not pay attention when we did read them</p>
<p>You wrote: "the school doesn not show suspensions on MY transcript and since HE was under 18 his case is closed right now..." Is it a "friend's son" or "a friend"? I'm not trying to be a jerk here, but.......</p>
<p>You seem to be having trouble keeping your story straight, which does NOT bode well for your college applications. Even if suspensions are not shown outright on a transcript, it might be mentioned in a rec or a guidance counselor report. i.e. "Ever since the incident with the fight and the arrest, Little Johnny has been a model citizen and perfect student......"</p>
<p>Google the person's name and see if there's a record in the local papers. If there is, then the arrest record is, defacto, public.</p>
<p>In our state, arrests can be undone - not sure of the legal term for that. If that happens, then it is a violation of the law for someone else to even discuss the arrest. But if made it to the newspapers, then anyone can see the arrest - even if it was undone. It's obviously a problem when it happens in a sexual assault case. Person is convicted, does their time, and then gets the arrest record cleared and the victim then can't talk about it.</p>
<p>I know of some one who was arrested, went through a diversion program, got the charges dismissed and yet the arrest still shows on a job search, despite the paperwork telling him explicitly he can say he has not been arrested- so is he lying?? If the govt makes the rule that you are no longer "arrested" then why do they not wipe it from their records? Inconsistencies in the system can out the issue, so determine what the school transcript and counselor will be saying.</p>
<p>In our state, state records are wiped. A background check will not show the arrest. But I believe that police inquiries will show the arrest and the removal. Arrest records are public so if a newspaper or other organization saw them and recorded them and put them on the internet, then a detective or just your average joe can do a Lexis-Nexis or Google search and find the record.</p>
<p>If you're curious, there are internet services where you can look up public records of people for a few. You can always look yourself up.</p>
<p>in my state under 18 names can not be given out, also he talked with his guidance counselor personally and she will not be talking at all about the arrest and the transcript makes no mention. also all arrests after 18 are cleared from my record. he was just wondering if he should lie to the colleges he's applying or if he will have more of a chance of being honest and taking the risk of not getting in due to that reason</p>
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also all arrests after 18 are cleared from MY record
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<p>Good luck to your "friend". This happened at SCHOOL. Good chance it comes out in the school report.</p>
<p>"He is applying to some high schools (fordham, brandise for example). any idea?"</p>
<p>He WAS arrested. That part is clear. Can he get away with a lie? Maybe. Maybe not. Will it affect his admissions chances? Definitely (and why shouldn't it, if they have other equally qualified candidates?)</p>
<p>If he checks yes, the next question on the application will be: please explain. So he better be ready.</p>
<p>How will he feel if he begins his college career with a lie?</p>
<p>here is where the commonapp also gets technical with the wording. the common app asks if he was CONVICTED of a crime, which he was not, under a court law he was arrested but never convicted, so therefore he can answer no to that right?</p>
<p>"He WAS arrested. That part is clear. Can he get away with a lie? Maybe. Maybe not."</p>
<p>In our state, it is illegal to discuss an arrest that was undone. So it could be that even stating that he was arrested would be breaking the law. The state has has authority over what an arrest is and can undo it. I guess that's kind of like an annulment.</p>
<p>True. But if you read the original post, such will not happen until next June.</p>
<p>no because he was never "convicted guilty"...actually under technical terms he never went to trial and if he completes this program he is in it will be like it never happened</p>
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He got a great lawyer who was able to do a pre-trial diversion program (which means technically he hasn't been convicted of anything) in which if he completes it will act as if nothign ever happened.
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<p>Perhaps he should seek the advice of his lawyer as to how to answer the pertinent questions on the apps.</p>
<p>I'm a teacher. Now, teachers are considered to be held to a higher standard, but here are some questions from an application to teach:</p>
<p>Have you ever been arrested for an offense other than a minor traffic violation (DUI and DWI are not minor and must be reported).</p>
<p>Have you ever been convicted of, found guilty of, entered a no lo contender or no contest plea to, or had adjudication withheld for an offense other than a minor traffic violation? (DUI and DWI convictions are not minor and must be reported).</p>
<p>Have you ever had a criminal record sealed or expunged?</p>
<p>Are there criminal charges currently pending against you?</p>
<p>Have you ever been imprisoned, jailed, or placed on probation in a criminal proceeding?</p>
<p>If you answer yes to any of these, there is a section to explain. If you answer falsely, and you are caught, you will be fired. </p>
<p>To the OP. Friend was arrested. Withholding adjudication, completing probation and getting the record expunged doesn't change that fact. It might even show extra honesty to answer yes, then, on the explanation portion say that a background check might not show this information because of the pre-trial intervention program, etc., etc...</p>
<p>he has talked to his lawyer and his lawyer and guidance conselor have confirmed the school will not know it unlesss someone were to call for some reason and inform them, otherwise there would be no way of finding out</p>
<p>"If you answer yes to any of these, there is a section to explain. If you answer falsely, and you are caught, you will be fired."</p>
<p>A) If the law makes it illegal to answer in the affirmative, how can you answer in the affirmative.
B) If the law make it illegal to discuss the matter, then someone firing you because they found out about it would mean that they are committing a crime by looking into it and discussing it.</p>
<p>BCEagle - I'd really like to read the wording of this law. Gag orders are issued sometimes, but to be forbidden to ever mention a true fact about one's own life seems to be stepping on the First Amendment.</p>