<p>If you're in law school and you've been arrested for public intoxication, say if this is your first time ever being arrested, how bad does it hurt you chances for being able to take the bar exam?</p>
<p>is there anything that can be done to offset this?</p>
<p>You can take the bar exam in most states. It's admission to the bar that's the issue. How much it will hurt depends upon the state. Most states won't opine on whether it will keep you out until after you take and pass the bar. So, the best advice I can give you is to take multiple bar exams and hope that one jurisdiction will admit you.</p>
<p>Don't get me wrong---in many jurisdictions, it probably won't stop you from being admitted. But nobody is going to opine as to whether it will stop you from being admitted until after you pass the bar exam.</p>
<p>The real question is not how being arrested may hurt you, but rather how being convicted may hurt you. Were you convicted of a crime, and, if so, what is the crime?</p>
<p>Unfortunately, all crimes, whether or not expunged, need to be revealed on most law school applications. I don't believe that law schools care so much about the crime (unless it is a crime of dishonesty, such as fraud, embezzlement, etc.) as much as whether that crime would prevent you from successfully becoming an admitted attorney. These same crimes would have to be revealed after graduation again on your application for admission to the bar. Again, while it is not flattering to have a conviction for public intoxication on one's record, it is also not the kind of crime of violence or dishonesty that will prevent most state bars from admitting a candidate.</p>
<p>If you disclose it fully and candidly to the character committee, then I doubt it will be a problem. If you try to spin and/or cover it up, then you could run yourself into problems.</p>
<p>There is a celebrated case in New Jersey from a few years back where a bar applicant concealed an arrest for disorderly conduct and later claimed it was a political protest or something. He was denied admission to the bar for a year, as I recall. But the committee made clear that it was the coverup that was the problem, not the arrest itself.</p>
<p>And here's a cite to the case:</p>
<p>In re MacLaughlin.</p>
<p>As mentioned above, it was the candidate's failure to disclose the incidents that was the problem -- much more so than the incidents themselves. And even then, the candidate was given an opportunity to reapply for admission 6 months later. Note also that New Jersey has a reputation as being one of the strictest jurisdictions in the nation as far as attorney discipline goes.</p>
<p>Actually one of my classmates at my first job had some sort of incident involving a fraternity party while he was in college. He wouldn't discuss it much, but I assume he was arrested for drinking or fighting or whatever.</p>
<p>He disclosed it fully and candidly to the bar and was admitted no problem.</p>
<p>Again, this was in New Jersey.</p>
<p>The crime that this man committed was obviously a lot more serious than public intoxication, but I thought that I would share some exerpts from this Wall Street Journal article from today's news:</p>
<p>
[quote]
The High Bar For Redemption: Inside One Felon?s 12-Year Campaign To Practice Law in New York State.</p>
<p>The issue: A twice-convicted felon completed law school after serving time in prison, but has been denied admission to the New York bar nine times by state justices.</p>
<p>In the 1980s, Neil Wiesner was convicted in a New York court of attempted murder, receiving a sentence of 12? to 25 years. He was released just five years later after successfully representing himself on appeal, arguing he was unjustly barred from representing himself at his original trial. In 1994, he earned a law degree from City University. Since then, Wiesner has been battling for the right to practice law professionally in New York. Like most states, New York requires bar applicants to demonstrate good ?character and fitness.?
[/quote]
</p>
<p>
[quote]
New York state has refused to admit him to the bar nine times because of his prison record, the nature of his crime and what it considers his lack of remorse. (The New Jersey bar, which has the same standards as New York, recently admitted him.)
[/quote]
</p>
<p>An arrest for public intoxication by itself is unlikely to arouse too much scrutiny from the bar examiners in most state, particularly if it's an isolated event several years before the application for admission.</p>
<p>Bar examiners have learned over the years, however, that the underlying cause of a high percentage of attorney discipline proceedings is an addiction to drugs or alcohol. </p>
<p>I had a friend whose admission to the New York Bar was delayed (at least by a few weeks) for a fitness investigation that was triggered by his statement on his application that he had been through rehab (not as a result of an arrest, but rather after a family intervention). As he had a history of alcoholism, the bar examiners wanted to be sure that he had stopped drinking for a sustained period.</p>
<p>I once testified at a fitness hearing about another friend who had a felony conviction as a result of two arrests for shoplifting. (Because he was arrested the second time while he was on bail for the first offense, he was charged with a felony.) He waited about ten years after his conviction to apply for admission to the bar, and was ultimately admitted. (One of the three examiners voted against admitting him.)</p>
<p>One of the things that I was told by both my law school and my chosen law firm when applying for admission to the bar was to be completely forthcoming in all matters in our applications. We were told explicitly (and I believe that the bar application to NY made this clear) that any conviction for any offense, including juvenile offenses and convictions that were expunged or sealed, were to be disclosed. Any failure to disclose would clearly be held against an applicant during the admissions process and could form the basis for a disbarment procedure at any point later if new information came to light about failure to disclose.</p>
<p>That said, I knew a couple of people who had convictions for public intoxication and public urination to their credit (tells you a bit about who some of my friends are), both while in college. Each of my friends disclosed these convictions on their bar applications in NY and NJ (even though one had had the charges and conviction expunged) and, other than a few questions by their respective interviewers from the character and fitness committees, there were no negative results.</p>
<p>I think that their stories might have ended differently if their crimes had been crimes of dishonesty (fraud, embezzlement, burglary, etc.) or violence.</p>
<p>Would 2 misdemeanor convictions disqualify a person from taking the bar in NYS and being admited to practice law?</p>
<p>Kronos, there's probably not a bright line rule that leads to a clear yes or no answer to your question. In most states, they look at a number of factors: the seriousness of the offenses, the amount of time that has passed since conviction, evidence of rehabilitation, and the nature of the offense are all considered. Crimes indicating dishonesty are taken pretty seriously. Offenses that may indicate an active addiction to drugs or alcohol can be a problem as well.</p>
<p>And, again, they won't disqualify you from taking the bar. Whether you can be admitted to the bar with them is a question that won't be addressed unless and until you pass the bar.</p>
<p>I assume "speeding ticket" doesn't fall under this category? I'm sure most of the BOLE has had at least one speeding ticket in their lifetimes. I think in California technically it's a misdemeanor or something but I did do traffic school and the ticket was expunged or something. I don't even know how it was disposed of, but I did traffic school and turned in the little proof of completion thing then I never heard from the court again.</p>
<p>FutureNYUstudent, I don't know about every state, but in the one where I'm applying for bar admission, you absolutely do have to disclose speeding tickets and other moving violations (not "occasional parking tickets"). You also have to submit a certified copy of your driving record for every state in which you've had a driver's license in the 5 years before applying for bar admissions, and certified copies of all charging documents, judgments/disposition documents and all docket entries in any offense (including motor vehicle ones) that require a court appearance.</p>
<p>No court appearance though. It's not like I have anything to hide. I was driving downhill and I was caught going faster than the speed limit. It was an honest mistake. I paid the fine and all the traffic school charges (although I had the right to challenge the ticket in court, I just did the traffic school thing). I don't know how that affects my ability to be a lawyer. Btw that ticket was about 2 years ago, I don't even have the copy of the original ticket with me, but I didn't know they wanted to know about moving violations.</p>
<p>Speeding tickets are generally "infractions" in California, rather than misdemeanors. Infractions are less serious than misdemeanors.</p>
<p>There are misdemeanors that involve speeding, such as engaging in a speed contest, or reckless driving.</p>
<p>Here's some info on alcohol-related offenses and the character screen for the California. (The last item may be particularly relevant to the OP):</p>
<p>"The following factors, although not inclusive, may be considered when determining whether an applicant has the good moral character required for admission to practice law in California:</p>
<p>"The nature of the act of misconduct, including whether it involved moral turpitude, whether there were aggravating or mitigating circumstances, and whether the activity was an isolated event or part of a pattern.
"The age and education of the applicant at the time of the act of misconduct and the age and education of the applicant at the present time.
"The length of time that has passed between the act of misconduct and the present, absent any involvement in any further acts of moral turpitude. The amount of time and the extent of rehabilitation will be dependent upon the nature and seriousness of the act of misconduct under consideration.
"Restitution to any person who has suffered monetary losses through related acts or omissions of the applicant.
"Expungement of a conviction.
"Successful completion or early discharge from probation or parole.
"Abstinence from the use of controlled substances or alcohol for not less than two years if the specific act of misconduct was attributable in part to the use of a controlled substance or alcohol. Abstinence may be demonstrated by, but is not necessarily limited to, enrolling in and complying with a self-help or professional treatment program."</p>
<p>Greybeard-it was definitely an infraction then. High 30's in a 25 zone. In my defense however, I was caught speeding in a mile and a half stretch of downhill road.</p>
<p>If there wasn't a court appearance, my reading of the bar application in the state where I'm applying would still require you to disclose it, and it would probably also show up on the certified copy of your driving record everyone has to submit. But I wouldn't worry about it or anything--looks like in some states they'll see it, but I can't imagine it being a hindrance to being admitted to the bar.</p>
<p>I contacted the law schools about forgetting to disclose a possession of alcohol ticket and was told by one school to write a statement to amend my application. </p>
<p>I was also to told by that same school that the Bar authorities will question me deeply during my interview on character and fitness because of this initial omission from my law school application.</p>
<p>Does anyone think this is something to worry about?</p>
<p>both my law school and the bar app inquire about college discipline. i was cited a couple times for drinking on campus. these records are gone and no disciplinary record of me exists with any undergrad college. i did not disclose to my law school. i will, however, disclose on my bar application those instances where i got in trouble under the criminal conduct section, since all instances were handled by campus police. this gives me the advantage of not having inconsistencies between the bar application and the law school application, but allows me to disclose everything. how does this strategy sound?</p>
<p>also, i wonder if the committee looks at other law school apps for schools that i did not attend.</p>
<p>“these records are gone and no disciplinary record of me exists with any undergrad college.”
how do you know this for sure? many state bars ask the registrar to sign a verification. you’d be surprised what schools keep.</p>
<p>“i did not disclose to my law school.” BAD MOVE. My law school allowed current students to “amend their applications” even up to 3L year to address such an issue.</p>
<p>“i will, however, disclose on my bar application those instances where i got in trouble under the criminal conduct section, since all instances were handled by campus police.” But what if the criminal conduct section just asks for convictions? or court appearances? or something else where your on-campus drinking doesn’t fit? </p>
<p>“how does this strategy sound?” Not ideal, to say the least.</p>