help with legal question on application

[kclarkson]

<p>A year ago, I was charged with petit theft. I was with a group of my friends and we made a stupid choice. I stole a pair of cheap earring and was caught. I went through a program and finished it successfully. I am in the process of filing for expungement but I am not sure it that process will be complete before the deadlines for applications. Plus I want to apply early and it deffinately won't be done by then. Should I send them a letter explaining the circumstances of my arrest or should I try to wait for the expungement and apply later(if the expungement is even done). Will this heavily effect my changes of being admitted?</p>

[artloversplus]

<p>you should be candid to the colleges you are applying with or without expungement, just like you are doing it here. I think they will forgive you if you are upfront. do not try to hide any facts as it will hurt you in the long run.</p>

<p>believe it or not, that record will be with you all your life and you have to explain it every step of the way.</p>

[kclarkson]

<p>Ok. Im so scared I won’t be accepted to any schools because of my record</p>

[Northstarmom]

<p>Most colleges make admissions decisions strictly on the basis of your academic stats and-- for public schools – your state of residence.</p>

<p>However, make sure that you have a safety school that you know you’ll be accepted to and can afford.</p>

[Hunt]

<p>If the expungement would allow you to answer truthfully that you have no criminal record, I would probably wait. I would only send a letter explaining if you think that some other element of your application will raise this issue (ie, a teacher or guidance counselor recommendation). That’s what expungement is for.</p>

[artloversplus]

<p>here is a definition of expungement:

In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the records are said to be “expunged”. Black’s Law Dictionary defines “expungement of record” as the “Process by which record of criminal conviction is destroyed or sealed from the state of Federal repository.”[1] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.</p>

<p>A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A pardon (also called “executive clemency”), on the other hand, does not “erase” the event. Rather, it constitutes forgiveness. In the United States, an expungement can be granted only by a judge, while a pardon can be granted only by a governor (for state law offenses) or the President (for federal offenses). In Nebraska pardons are by vote of the governor, attorney general and secretary of state.[2]</p>

<p>Each jurisdiction whose law allows expungement has its own definitions of expungement proceedings. Generally, expungement is the process to “remove from general review” the records pertaining to a case. In many jurisdictions, however, the records may not completely “disappear” and may still be available to law enforcement, to sentencing judges on subsequent offenses, and to corrections facilities to which the individual may be sentenced on subsequent convictions.[

</p>

<p>I have a friend who thought his “carry consealed weapon” charge as a minor was expunged. He went to college with me and graduating without a problem. Later on, he got a job in a security company which requres high clearance and the record was digged out and subsequently was fired, not sure if it is because he lied on the application or because of the record itself.</p>

<p>You never know what will your jurisdiction do to the “expungement”…</p>

<p>btw, it is my opinion, and i am not a lawyer.</p>

[Antarius]

<p>Be upfront. Say that this is what happened. they cannot later rescind your admission because of this. They will either say yes or no.</p>

<p>So long as you do not lie about it i think all will be ok. Be sure to explain the circumstances and that it is not representative of you as a person</p>

[Hunt]

<p>Talk to your lawyer. Ask him what you can truthfully say in applications. Ask him to write you a letter laying it out, even if you have to pay him to do it. Then follow his advice and keep the letter.</p>