Legal Question in Criminal Law in Idaho

Law school applicant seeking advice about criminal record

At age 20, I was charged with two Misdemeanors: Minor in Possession of Alcohol and Tampering with a Motor Vehicle. I hired an attorney and accepted a plea bargain. I plead guilty to Tampering with a Motor Vehicle and the charge of Minor in Possession was �dropped.� My attorney then said if I kept a clean record for 1 year, the Tampering with a Motor Vehicle charge would be dismissed. I recently visited the local courthouse to find nothing as far as a criminal record.

I�m applying to law school and was wondering if I can legally respond �no� to the following question because nothing shows up on my record?

Have you ever been charged with, arrested for, convicted of, or pled guilty or nolo contendere to a felony charge, or to a misdemeanor charge, including any charge of operating a motor vehicle under the influence of intoxicants or other self-administered drugs, but not including minor traffic violation? (If you are not sure about the nature or the ultimate disposition of a particular charge, it is your responsibility to check the courts before you answer).


Asked on 9/14/01, 3:57 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Law school applicant seeking advice about criminal record

1) If you are in Idaho, you probably received a withheld

judgment which indeed can be dismissed after the probation

period time has expired. Usually, you must file a motion

to dismiss the case by showing that you successfully completed

the probation and are entitled to dismissal. You should check

the court file on your case and the dismissal, if any,

will show in the court file. Just go into the traffic court

and tell the clerk the case number and ask to review the file.

Look for a dismissal, it should be the top document in the file.

2) I'd answer the question, "yes, but the case was dismissed".

3) You might get a copy of the law school's admissions policy and

see whether that will reg tag your application for refusal first, tho.

Read more
Answered on 10/26/01, 3:23 pm


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