Legal Question in Legal Ethics in Michigan

Law school and my record

Back in 2005 I was given the Holmes Youthful Trainee Act for my first and only offense involving Marijuana posession. The court said that my records would be expunged and nobody except law enforcement agencies would be able to access my records in the future. This includes future employment etc.

I am now 21 and graduating from college, and I would like to start applying to law schools. Do I have to tell them about my HYTA? and in the future if I am applying for the Bar will they see my record? I was never actually convicted of anything...

Thanks


Asked on 10/12/07, 8:01 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Law school and my record

Be really careful about this. Almost all of the character and fitness questions as if you were arrested, not if you were convicted. What happens is that a lot of people whose records were expunged answer that they were not arrested because they figure they are safe in that the HYTA expunged everything. This is not true. If they ask if you were arrested, answer "Yes". Otherwise, they will challange you on your answer and you will have grief. I had this with a neighbor who I represented. He got his law license but we were worried. William S. Stern

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Answered on 10/12/07, 8:55 pm


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