How To Disclose Your Criminal History To The Bar

How To Disclose Your Criminal History To The Bar

To start this post, please remember most individuals have nothing to worry about when it comes to disclosing criminal history. Generally, the Bar overlooks minor infractions such as traffic violations (excluding DUIs), noise complaints, and things of that nature. While it is always important to disclose such infractions, the Bar will not spend much time digging into this. This post covers the disclosure of serious criminal convictions that have the potential to impact admission to your state’s bar. The following discusses the best practices for disclosing your criminal history to the Bar.

How To Disclose Your Criminal History To The Bar

Make Sure Your Bar Application Matches Your Law School Application

During the background check, investigators look for any discrepancies or mismatches to determine whether an applicant is attempting to conceal information. As part of that process, investigators review your law school application. If you disclosed anything on your application, make sure you disclose it again. This is very important. In the event that you failed to disclose something on your law school application, you should immediately work with your school and amend your records. If your bar application and your law school application do not match, it will set off a red flag that will make this rest of this process more difficult and time-consuming.

Clearly Explain What You Are Disclosing

The disclosures are based on the questions in the application. If the question is asking about any criminal convictions, clearly explain your convictions and the facts related to the incidents. If more than one incident needs to be disclosed, disclose each according to the requirements set forth in your state.

Base Your Answer On The Factual Record

Treat this section as you would a statement of facts in a case brief. The facts should be an impartial explanation of the event that transpired. Use facts that can be verified if possible such as a police report, credit reporting errors, medical records, employment records, or things of this nature. The information should be used to clarify the event. Under no circumstances should you use this section to try and justify any of your actions and you should not express any anger or frustrations about the events that occurred. The bar investigators are not interested in whether the action against you was unjust. The Bar simply wants to know whether you have fully disclosed all of the facts related to the incident.

Explain What You Learned from the Incident And How You Have Grown 

While you might wish to write that the incident was a mistake that will never happen again, it is likely a better approach to discuss how you have changed as a person. For example, if your action was related to drug or alcohol use, it can be helpful to explain how you have either overcome the addiction, are working to overcome it, or any other way you have changed your consumption habits. The focus should be on how you have learned and grown as a person, not just that you are sorry.

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