Legal Question in Criminal Law in Michigan
Misdemeanor charge
I have a misdemeanor charge of OWI and I am applying for law school. It asks ''Do you have any criminal convictions?'' yes or no. Do I need to report a misdeamor or are they only concerned with felonies? What are the penalties for withholding information if I am obligated to report this misdemeanor?
4 Answers from Attorneys
Re: Misdemeanor charge
They want the exact information that is asked for - - - - "criminal convictions." Misdemeanors are crimes. Penalties can include being tossed out of law school if you conceal.
Re: Misdemeanor charge
Ther are no "penalties", you simply won't get admitted to law school or to the state bar if you're ommission is discovered. Your master driving record contains your criminal conviction which cannot be expunged because it is traffic related. The record is easily accessed.
By itself, a single OWI conviction should not disqualify you.
William Morrison
Re: Misdemeanor charge
As noted earlier, OWI is a crime. In most states, 1st and 2nd offenses are misdemeanors. If you have been convicted of OWI, you need to include that on your application. (The State Bar application will want detailed info, such as the date, location, ploice report and/or court number, and "your version of events" ... but the Bar will also get a copy of the police report and court file info to double-check your reported facts.)
I have served three terms on one of the State Bar's Character and Fitness sub-committees, and can tell you that "lack of candor" in applications for law school or the State Bar is quite troubling. In fact, it is oftentimes more troubling than situations where an applicant admits to past bad conduct that might not have been asked about in the actual application.
In addition, the Bar looks at whether there is a pattern of problems with alcohol/substance abuse (as opposed to a single, isolated event) and whether the applicant has taken steps to correct that behavior.
Your law school application is the beginning of an important paper trail that can be reviewed in determining whether you can be trusted to abide by the ethical responsibilities facing all lawyers. You might have the brains to get in and to graduate, but if you don't have the ethics, honesty and integrity to be trusted with clients' lives and finances, then you should not be a lawyer.
Re: Misdemeanor charge
I would qualify the above-two answers, because you wrote that you have a "charge," not necessarily a conviction.
Second, I would err on the side of caution and simply call the law school and find out. You shouldn't have to give your name.
I can't imagine there's a law school that doesn't have a policy clearly defining this issue. You're not the first one with this problem.
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