<p>Is there any way for a college to check into court records, or otherwise find out about an arrest/conviction? Aren't applicants asked to disclose a record of disciplinary infractions, arrests or convictions on their college applications these days? If they don't disclose can a college find out some other way, or are legal records sealed if they were minors when the bad things happened?</p>
<p>You give them your Social Security number when applying… they can run background checks whenever they want.</p>
<p>how fitting that someone with the screen name “Veracity” was the first to respond to this post.</p>
<p>It’s probably best to disclose it. If the record was expunged for any reason, maybe you wouldn’t have to disclose. Is there a lawyer you can ask?</p>
<p>Far better to be upfront than to huddle in worries for years. Many schools have honor codes and lying about the arrest/conviction on the application form would be grounds for immediate dismissal – whereas an upfront answer with supporting material might make the episode be ancient history. </p>
<p>If the incident were ugly, then the student might consider taking a gap year in which the student would work hard (Habitat for Humanity? Haiti relief? ) to show maturity and compassion. The more time that has passed since a conviction, the less weight it tends to have. </p>
<p>Given today’s internet, I would never assume others will go uninformed about one’s past.</p>
<p>I absolutely agree an applicant should be honest and disclose. If, however, an applicant has not been honest, would a background check reveal this for a juvenile offense? </p>
<p>In the past a student’s family sued the HS for a lost scholarship because they suspected disciplinary history had been shared. So now the HS is afraid to share disciplinary history of some very troubled kids (with past convictions). How else would the college know?</p>
<p>Colleges don’t run a background check on every one of the kids on their acceptance list (I would be surprised if they ran any). And they probably wouldn’t find out anything if the kid stays under the radar and doesn’t get into any trouble during his tenure at the college unless someone rats him out. </p>
<p>However, if a kid gets into trouble and its juicy enough, the news media could dig out stuff that’s been hidden under the rug. Then you run the risk that you could be suspended or kicked out for lying on the application.</p>
<p>Their GCs or recommenders may mention the arrest/conviction especially since both have to comment on the student’s character. Often GCs, recommenders know things about students that the students haven’t shared with them. The world is very small…</p>
<p>I expect that the theoretical offense occurred for a child who was a minor at the time.</p>
<p>I think that this is a question for a criminal lawyer. I doubt that many of the opinions expressed above are valid.</p>
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<p>The common application and other college applications straight up ask the questions of both students and the school. The school can and has every right to report disciplinary actions or arrest that they know of. How do the schools know? Remember if the student is in school there is a most likely the caseworkers, probation officers contact the school to interview the GC/administration about the student. Parents, the child’s attorney will also contact the school to request a letter from the school to the court (especially if they are trying to seek probation, community service).</p>
<p>From the common application -Secondary School Report
</p>
<p>Remember willful misrepresentation is grounds to have the admission rescinded or have the student dismissed if already enrolled at college.</p>
<p>And, if a high school misrepresents a student to a college, that school will likely never have another student admitted there again. High schools like to maintain good and honest relationships with colleges. Guidance counselors often have personal relationships with admissions representatives. They really don’t want to jeopardize those, ever.</p>
<p>Even though the Common App asks for disclosure, some schools prohibit their staff members from commenting on disciplinary issues. More students also seem to be retaining their rights to view recommendations and I wonder if this is why some letters have become almost generic.</p>
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This is possible, but we realize that at some schools, the GC’s hands are tied.</p>
<p>I thought juvie records were sealed when the minor in question turned 18.</p>
<p>I’m not saying you should hide it though. You never know how they’ll find out.</p>
<p>
Criminal attorney here.</p>
<p>I can’t emphasize this enough: most posters don’t know what they’re talking about on this subject. Ask a criminal attorney IN YOUR STATE for the answer on expunged records, sealed records, youthful offender status, juvenile offender status, and the like. If you rely on what you read here, you’re stepping into a minefield and as the saying goes, “anyone can be a minesweeper - once.”</p>
<p>Here’s an example as to why you can’t rely on what’s here. In New York we have “juvenile delinquency” adjudications, “juvenile offender” convictions and “youthful offender” adjudications. It is possible to be a “juvenile offender” without receiving “youthful offender” status. What that means is that your juvenile conviction may count as a felony.</p>
<p>On the subject of how schools find out:</p>
<ul>
<li><p>Someone who got rejected calls the admissions office and says, “did you guys know that when you admitted X, he had a felony conviction?”</p></li>
<li><p>They could do a public records search.</p></li>
<li><p>They check a sex offender registry.</p></li>
<li><p>The student gets in minor trouble after admission/attendance and someone decides to dig.</p></li>
<li><p>The student spills the beans after admission/attendance.</p></li>
</ul>
<p>Attorney here. What speihei said…</p>
<p>If after consulting an attorney, you are confident that the record is sealed or expunged, I would NOT disclose it. I don’t care what they ask, I would not disclose it. Dishonest? I don’t care. I would not disclose it.</p>
<p>I usually suggest disclosing everything accurately and truthfully.</p>
<p>If you disclose, you are protected in the United States under due process. What that means is you can’t be tried twice for the same crime. A college/university/employer can’t simply deny you because you committed any crime, that’d be trying you twice for the same crime. They can deny you but have to have valid or specific reasons why your particular record indicates that you aren’t acceptable to be admitted or hired there.</p>
<p>If you don’t disclose, you have committed a new crime called fraud, and don’t have any of the protections offered here in the United States. They can kick you out because you were dishonest on your application, and it doesn’t matter how petty the previous crime was, they can kick you out for failing to disclose.</p>
<p>Of course, if you were convicted of being an axe murderer or pedophile, you probably can figure that they will deny you and you want to take your chances. In that case, I guess go ahead but we really don’t want our daughters rooming with you.</p>
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<p>When I got hired by my company, they required that I disclose any convictions resulting in a fine of $100 or more. I had two traffic tickets (speeding and failure to yield) on my record, both more than $100, so I disclosed them. I got hired anyway. However, had I not disclosed them and they found out, I could have been discharged for fraud. Then I would have had a termination on my employment history with “fraud” as being the reason for termination. Bad idea.</p>
<p>I am also an attorney. While this is NOT legal advice, I disagree VEHEMENTLY with the advice given by MOWC. </p>
<p>Note that it is possible that two different states’ laws are involved. If Jason is convicted of a felony in state A, the law of state A may say it can be sealed. If he then applies to college in state B and answers NO to the question of whether he has been convicted of a felony, he may have (and probably has) committed PERJURY in state B. State B doesn’t care in the least whether the felony is sealed in state A. That’s NOT what the question asked. </p>
<p>ESPECIALLY important–if you are applying for federal aid, you may have committed the crime of larceny. You obtained money by deceit. There has been at least one prosecution–in admittedly more complex circumstances–where someone was successfully prosecuted for lying on a FAFSA form. The charge was grand larceny. The money was all financial aid. </p>
<p>I work in an area in which you need a license. I have been involved in situations in which a person convicted of a juvenile crime which was sealed did not reveal it in answer to a written question asking if (s)he has ever been convicted of a felony. When it comes out years later, they lose their licences on the grounds of fraud. Nobody-- and I do mean nobody --cares that some lawyer somewhere told them the record would be sealed. The fact is that they have made a false statement under oath and that’s what costs them the license. In contrast, people who answer YES and explain that it was a juvenile offense and provide proof of the order to seal are routinely licensed. </p>
<p>How can it come out? Maybe fingerprints are supposed to be removed from databases when the record is sealed, but that often just doesn’t happen. You are in a position of trust and you need a bond. Your employer applies for one for you. You’re fingerprinted. Prints are found in the system. Game over. (And this is a REAL WORLD example.) You are fired, you are barred from working in this field, and the reason given to anyone who asks for a reference is perjury. (And don’t even think about suing for defamation, at least in this state.) </p>
<p>Sometimes, people spill the beans. Again, it’s a different case, but years ago, a young woman failed to reveal the fact that she had gone to a small LAC and flunked out when she applied to Stanford several years later. Someone from her high school and a parent visited Stanford, Parent remarked to someone on the staff that she was so happy Susie X was doing so well at Stanford given the disaster she’d had at X college as a freshman. The staff member remarked on this to the Stanford admissions director. The admissions director pulled the student file, saw that the previous LAC wasn’t mentioned, called the LAC, ascertained that the student had attended it and failed out. Young woman was expelled from Stanford after 3 years with dimissed for academic dishonesty on her transcript. </p>
<p>So, you never know…it’s always better to tell the truth.</p>
<p>I am also an attorney, although for full disclosure I should tell you that I’m not a criminal attorney, and I haven’t practiced law for years. </p>
<p>I do know this: bigtrees is mistaken in writing that due process means criminal recordholders are protected from being denied college admission. This statement is confusing the concepts of double jeopardy and due process (both found in the Fifth Amendment to the Constitution). Denial of employment or college admission is not equivalent to a second court trial. Criminal recordholders do not have a right to be admitted to a particular college. (Think about this: nonoffenders don’t have a right to be admitted to a particular college; why would offenders?)</p>
<p>This illustrates the principle that you should always go as close as possible to the source to find the answers to your questions. Consult an attorney in your state, as state laws differ. It is less expensive to do so than to be expelled from college for lying on an application. If you really cannot afford to do so, you can find more authoritative answers than on CC by doing an internet search for “college admissions” and “criminal record” and using some judgment as to the reliability of what you find–as the first match that will appear will probably be CC!</p>
<p>We are talking about a college application, jonri, not employment with the CIA.</p>