Note to Prospective Students:
The character and fitness section of your application is a very important first step towards becoming a licensed attorney. While most applicants complete these questions carefully and honestly, it is our experience that some applicants do not. Students who attend law school in Texas and plan to take the Texas bar exam begin the licensure process early in the fall of the first-year of law school. Part of that application process involves submitting to the Texas Board of Law Examiners a copy of the law school application so that the BLE can make sure that applicants answered our character and fitness questions accurately. (Other states have similar processes.) Each year a portion of our incoming first-year students must come forward after the start of classes to amend their applications because they did not accurately complete these questions, either because they were worried that truthful responses would hurt their chance of being accepted or because they didn’t use adequate care in considering the questions and their personal histories. These students must go through a process to gather their records, amend their applications, and often meet with the Application Disclosure Subcommittee (a subcommittee of the admissions committee) for a hearing, which often leads to a disciplinary sanction. This process can be time consuming and stressful, and it is not the way that any student wants to begin law school.
The majority of our students complete their law school applications accurately, and many had things in their past that they truthfully disclosed. The typical incidents that applicants must disclose do not prevent admission, and applicants who fully disclose during the application process (and provide the supporting court/academic records) can rest easy knowing that their obligations have been fulfilled. I know applicants are sometimes embarrassed by incidents from their past, but it is much better to accurately disclose these matters in your application than to have to meet with members of the admissions committee face-to-face to explain not only the incidents themselves, but also why you failed to disclose them truthfully in the first place. Failure to disclose is itself considered as a character issue, and accurate disclosure is a demonstration of good character.
We care about our incoming students, and we want to do whatever we can to be sure that our applicants fully understand their disclosure obligations and begin law school in good standing. Therefore if you have any questions, please contact our office (you can remain anonymous when you call), and when in doubt, always err on the side of full disclosure.
Thank you for your attention to this important issue.
Sincerely,
Jamie West Dillon, J.D.
Assistant Dean for Admissions
713-743-2280
jdillon@central.uh.edu
Below is a reprint of the character and fitness section of the JD application.
CHARACTER AND FITNESS QUESTIONS--PLEASE THOROUGHLY READ THE APPLICATION INSTRUCTIONS BEFORE ANSWERING QUESTIONS 1-5. YOU WILL BE REQUIRED TO ANSWER SIMILAR QUESTIONS DURING THE LICENSING PROCESS, WHICH INCLUDES STATE AND FEDERAL BACKGROUND CHECKS.
You must answer "yes" or "no" to the questions below. The failure to disclose an act or event such as the ones described below is often more significant and leads to more serious consequences than the act or event itself.
Failure to provide truthful answers or failure to promptly inform the Office of Admissions of any changes to your answers due to an incident that occurs after you submit your application may result in revocation of admission, disciplinary action by the UH Law Center, or denial of permission to practice law by the state in which you seek admission.
When in doubt you should always err on the side of FULL DISCLOSURE.
If you answer yes to any of the questions, please include an electronic attachment explaining the circumstances. For questions 2, 3, and 4, forward the final disposition of the incident(s).
1. Have you ever been given scholastic probation or scholastic suspension?
2. Have you ever been disciplined in any way for any matter by any college, university, law school, or other institution of higher learning, or by any professor, administrator, employee or entity representing any college, university, law school, or other institution of higher learning, or have you been allowed to withdraw from such an institution to avoid such discipline, whether or not the record of such action was retained in your file? (Discipline includes, without limitation, a letter or other written notice of reprimand or warning, suspension, expulsion, adjustment of grade, assignment of community service, any form of probation, or any other adverse action.) (Entity includes, without limitation, residential facilities or other facilities owned or managed by a college, university, law school, or other institution of higher learning.)
3. Have you ever been convicted of an offense, placed on probation, or granted deferred adjudication or any type of pretrial diversion? You must report any such offenses involving alcohol or drugs. You must report any failure to appear conviction resulting from any offense. You may exclude only Class C misdemeanor traffic violations.
4. Have you, within the last ten (10) years, been arrested, cited or ticketed for, or charged with any violation of the law? You must report any offenses involving alcohol or drugs. You must report any failure to appear charge or warrant resulting from any such offense. You may exclude only Class C misdemeanor traffic violations.
5. Have you ever been confined by any governmental authority because you were found to be dangerous to yourself or others
Below is a reprint of the instructions that accompany the application for admission, as related to the character and fitness questions. Please review them carefully. We also encourage you to make an early contact with the state bar association in the jurisdiction in which you plan to practice.
Character and Fitness
You should take care to respond fully and carefully to every question on this application, but you should use extra care with regard to character and fitness questions. While an answer of "yes" to any of these questions will not result in a rejection of your application, a false answer of "no," once discovered, can have very serious repercussions. Both the UH Law Center and any state bar association to which you apply will consider any substantial discrepancy between your application and the facts as grounds for adverse action, including revocation of admission to or expulsion from, the UH Law Center or denial of admission to the bar.
Good moral character is a key aspect of being a worthwhile lawyer. Providing truthful and complete answers to these questions is your chance to exhibit that character.
Question 1-2. You must disclose all incidents of scholastic suspension, probation, or disciplinary action even if it happened when you were a juvenile, even if the records are sealed, and even if your school did not include it in your records. If you do not remember the details and do not have any records, you must fully disclose all you can remember, make a diligent search for all additional information, and supplement your responses as necessary.
Question 3. You must disclose any incident where you were convicted (or plead guilty or no contest), placed on probation, or granted deferred adjudication, even if it happened when you were a juvenile, and even if an attorney has told you differently. If you do not remember the details and do not have any records, you must fully disclose all you can remember, make a diligent search for all additional information, and supplement your responses as necessary.
Question 4. You must disclose any offense, even if it happened when you were a juvenile, and even if you were acquitted or the charges were dismissed. You must disclose all events involving alcohol no matter when the incident occurred. If you do not remember the details and do not have any records, you must fully disclose all you can remember, make a diligent search for all additional information, and supplement your responses as necessary.
For questions 3. and 4., you do not have to disclose Class C misdemeanor traffic violations such as citations for speeding, running a stop sign, or changing lanes improperly. Citations given for violations that show a disregard for the law or for one’s financial responsibilities, such as failure to provide proof of insurance or driving on a suspended license, MUST be disclosed. In addition, a warrant issued for failure to appear must be reported, even if the underlying offense was a Class C misdemeanor traffic violation. Please note that the exception for Class C misdemeanor traffic violations is very limited in scope and should not be cited to excuse non-disclosure of offenses outside of the few listed above. If you have any questions about whether a particular offense should be disclosed, please contact the Office of Admissions at 713-743-2280.
For questions 3. and 4.., if the record has been expunged or sealed, you do not have to disclose the incident. You should not fail to disclose an offense based on its having been expunged or sealed unless, at the time you are filling out the application, you have in your possession either a written order of expungement or a written statement from an attorney or a responsible and knowledgeable official of the jurisdiction involved that the offense has been expunged. It is the responsibility of the applicant to make sure that the incident has in fact been expunged or sealed.
Question 5. You must disclose any involuntary confinement by a governmental authority where it was determined that you were dangerous to yourself or others, even if the incident occurred while you were a juvenile. You do not have to disclose if you voluntarily committed yourself.
The following are commonly asked questions concerning questions 1-5, together with the UH Law Center's answers to those questions. In deciding whether it is necessary to amend your application, you are expected to assess your responses in light of the interpretations given to those questions by the UH Law Center.
It is imperative that you honestly and fully answer all questions, regardless of whether you believe the information requested is relevant. An honest "yes" answer to Questions 1-5 will generally not affect your application; however, a dishonest "no" answer is evidence of a lack of candor and honesty. Failure to honestly and completely answer the questions initially or to provide appropriate amendments promptly upon receipt of this letter, if done knowingly or in apparent disregard of whether the conclusion that disclosure was not required was reasonable, will be treated as a very serious matter.
Question 1. Have you ever been given scholastic probation or scholastic suspension?
Question 2. Have you ever been disciplined in any way for any matter by any college, university, law school, or other institution of higher learning, or by any professor, administrator, employee or entity representing any college, university, law school, or other institution of higher learning, or have you been allowed to withdraw from such an institution to avoid such discipline, whether or not the record of such action was retained in your file? (Discipline includes, without limitation, a letter or other written notice of reprimand or warning, suspension, expulsion, adjustment of grade, assignment of community service, any form of probation, or any other adverse action.) (Entity includes, without limitation, residential facilities or other facilities owned or managed by a college, university, law school, or other institution of higher learning.)
Q: What if something like this happened, but I can't remember much about it, don't have any records, and the application deadline is here?
A: You must disclose in your application the details you do recall. You must then make a diligent search for additional information and supplement your answer once you have located such information.
Q: What if something like this happened, but I received a private sanction so there’s nothing in my school's record about it?
A: You must disclose all instances of scholastic suspension and probation, and also any disciplinary action imposed by a college or university, regardless of whether the school has maintained such records.
Q: Do I have to disclose incidents like this that happened while I was a juvenile?
A: Any disciplinary action imposed by a college or university must be disclosed, regardless of your age at the time of the incident. Disciplinary action imposed by an elementary or secondary school need not be disclosed.
Q: What if I really didn't do what I was found guilty of doing?
A: You must still disclose the action taken by and sanction imposed by the college or university. In your addendum, you may explain the circumstances surrounding the incident.
Question 3. Have you ever been convicted of an offense, placed on probation, or granted deferred adjudication or any type of pretrial diversion? You must report any such offenses involving alcohol or drugs. You must report any failure to appear conviction resulting from any offense. You may exclude only Class C misdemeanor traffic violations.
Q: Do all of the answers given to questions under 3 apply to any offense for which I was convicted, or pled guilty or nolo contendere (no contest)?
A: Yes. You must answer "yes" if you have ever been subject to any of the conditions described above, unless the underlying offense was a Class C misdemeanor traffic violation such as a speeding ticket. Citations given for violations that show a disregard for the law or for one’s financial responsibilities, such as failure to provide proof of insurance or driving on a suspended license, MUST be disclosed. In addition, a warrant issued for failure to appear must be reported, even if the underlying offense was a Class C misdemeanor traffic violation. Please note that the exception for Class C misdemeanor traffic violations is very limited in scope, and most offenses do not fall within the exception.
Q: Do I have to answer yes even though all that happened was that I was placed on probation or granted deferred adjudication?
A : Yes. You must disclose any incident for which you received probation or deferred adjudication, except when the underlying offense was a Class C misdemeanor traffic violation.
Q: Is that true even if my lawyer or the court told me something different at the time?
A: Yes, it must be disclosed. Failure to disclose may result in disciplinary action by the UHLC and by the BLE; that you followed the advice of an attorney will not excuse the failure to disclose.
Q: Or if my lawyer is telling me something different now?
A: Yes. That an attorney advised you not to disclose will not excuse your failure to disclose.
Q: What if something like this happened and I pled or was found guilty, but I really wasn't?
A: You must answer yes. In your explanation, you may discuss the circumstances surrounding the incident.
Q: What if something like this happened, but it's been expunged from my record?
A: Expunged or sealed offenses, arrests, tickets, or citations need not be disclosed. However, it is your responsibility to ensure that the offense has, in fact, been expunged. We recommend that you obtain a copy of the Court Order expunging or sealing the record in question.
Failure to reveal an offense, arrest, ticket, or citation that is not in fact expunged or sealed, raises questions related to truthfulness in addition to questions regarding the offense itself. If there is any doubt about the expungement, it is your obligation to confirm that the matter was, indeed, expunged. Misrepresentations or failures to expunge may be considered as material omissions. Please note that orders of non-disclosure (pursuant to Govt. Code §411.081) are not orders ofexpunction.
Q: What if I received a pardon after my conviction?
A: A pardon is treated the same as an order of expunction, and need not be disclosed.
Q: I am so disorganized, that I forgot about an incident. I was also under a great deal of stress.
A: Being well-organized is an essential part of a law practice. Being disorganized may define the reason why you got in trouble, but it does not relieve you of a duty to disclose.
Q: I received a DUI after I sent in my application, but before I enrolled.
A: You have a continuing duty to notify the UHLC Office of Admissions of any matters that are required to be disclosed, even after you begin school. This obligation exists until you graduate from the Law Center. If your answers to Questions 3 and 4 change after you submit your application, you should contact the Office of Admissions to amend your answer.
Q: What about bounced checks?
A: If there was legal action, such as a conviction for failure to pay, it must be disclosed.
Q: I was delinquent in paying taxes; does that count?
A: If there was legal action, such as a conviction for failure to pay, it must be disclosed.
Q: I am afraid that if I disclose, the committee or State Bar will not let me practice.
A: Choosing not to disclose something clearly within the scope of the questions is unacceptable; and once the failure to disclose surfaces, this choice could result in sanctions up to and including degree revocation and disbarment from practice. When in doubt, disclose and explain the circumstances. It is better to do so than to explain later why you did not disclose. Even minor matters, when combined with deceit, can become serious.
Question 4. Have you, within the last ten (10) years, been arrested, cited or ticketed for, or charged with any violation of the law? You must report any offenses involving alcohol or drugs. You must report any failure to appear charge or warrant resulting from any such offense. You may exclude only Class C misdemeanor traffic violations.
Q: What if something like this happened, but I can't remember much about it, don't have any records, and the application deadline is here?
A: You must disclose in your application the details you do recall. You should follow this with a diligent search for additional information, and supplement your application once you have obtained information from the court or jurisdiction.
Q: What if something like this happened, but the police were so out of line they didn't even bother to file formal charges?
A: You must disclose the arrest, citation, or ticket. However, in your addendum, you may discuss the circumstances surrounding the incident.
Q: What if something like this happened but the charges were dismissed in court?
A: You must disclose the arrest or charge. However, you may include that the charges were dismissed in your explanation of the circumstances.
Q: What if something like this happened, but I was acquitted?
A: You must disclose the arrest or charge. However, you may include that you were acquitted in your explanation of the circumstances.
Q: What if something like this happened and I pled or was found guilty, but I really wasn't?
A: Disclose, both here and in your answer to question 3. Of course, you also can explain the circumstances surrounding the actual incident.
Q: What if something like this happened, but I was granted probation or deferred adjudication and told by my lawyer or by the court that I would never have to disclose it?
A: Disclose, both here and in your answer to 3.
Q: Do expunged and/or sealed offenses need to be revealed?
A: While expunged or sealed offenses, arrests, tickets, or citations need not be disclosed, it is the applicant’s responsibility to ensure the offense, arrest, ticket, or citation has, in fact, been expunged or sealed. It is recommended that you obtain a copy of the order expunging or sealing the record in question.
Failure to reveal an offense, arrest, ticket, or citation that is not in fact expunged or sealed, raises questions related to truthfulness in addition to questions regarding the offense itself. If there is any doubt about the expungement, it is your obligation to confirm that the matter was, indeed, expunged. Misrepresentations or failures to expunge may be considered as material omissions. Please note that orders of non-disclosure (pursuant to Govt. Code §411.081) are not orders of expunction.
Q: What if I receive a pardon?
A: A pardon is treated the same as an order of expunction, and need not be disclosed.
Q: What if something like this happened while I was a juvenile?
A: If the arrest or citation occurred within the last 10 years, you must disclose it.
Q: Even if juvenile records are sealed under the laws of the state where the incidents happened?
A: Yes.
Q: What kinds of offenses fall within the exception for Class C misdemeanors?
A: Class C misdemeanor traffic violations include such offenses as speeding, running a stop sign, or changing lanes improperly. Citations given for violations that show a disregard for the law or for one’s financial responsibilities, such as failure to provide proof of insurance or driving on a suspended license, MUST be disclosed. In addition, a warrant issued for failure to appear must be reported, even if the underlying offense was a Class C misdemeanor traffic violation. Please note that the exception for Class C misdemeanor traffic violations is very limited in scope and should not be cited to excuse non-disclosure of offenses outside of the few listed above. If you have any questions about whether a particular offense should be disclosed, please contact the Office of Admissions at 713-743-2280.
Q: What if I was involved in a Class C misdemeanor traffic offense, but I failed to appear as well and was convicted of both the traffic offense and the failure to appear. Do I have to report the whole incident?
A: Yes. A failure to appear is a separate offense and must be disclosed.
Question 8. Have you ever been confined by any governmental authority because you were found to be dangerous to yourself or others?
Q: What if I voluntarily committed myself to a hospital for treatment. Do I have to answer this question "yes"?
A: No. If there was no court order or other action by a governmental authority, you do not need to disclose.
Q: Is that true even if I believed at the time that I was a "danger to myself or others"?
A: That's correct.
Q: What if I was involuntarily committed for something like this, but it was by a family member. Do I still have to disclose it?
A: You must disclose if the commitment required a court order or action by some other governmental authority to effectuate.
Q: What if I was involuntarily committed by a governmental authority for something like this, but it happened while I was a juvenile. Do I still have to disclose it?
A: Yes, you must disclose any such confinement by a governmental authority, even if you were a juvenile at the time.