UHLC - Character and Fitness

SUPPLEMENTAL INFORMATION CONCERNING QUESTIONS 6, 7.a, 7.b. AND 8 of the UH LAW CENTER APPLICATION FOR ADMISSION

APPLICATION INSTRUCTIONS
FREQUENTLY ASKED QUESTIONS
LETTER FROM THE BOARD OF LAW EXAMINERS
COMPREHENSIVE GUIDE TO BAR ADMISSION REQUIREMENTS

APPLICATION INSTRUCTIONS

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 questions 6., 7.a., 7.b., and 8. 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 6. 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 7.a. 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 7.b. 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 7.a. and 7.b., you do not have to disclose minor traffic offenses. A minor traffic offense is generally a non-moving violation. A failure to appear, offenses involving accidents, and driving under the influence of an intoxicant, or offenses constituting felonies under applicable law are not minor traffic offenses. In addition, a warrant issued for failure to appear must be reported, even if the underlying offense was a minor traffic violation.

For questions 7.a. and 7.b., 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 8. 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.

FREQUENTLY ASKED QUESTIONS
The following are commonly asked questions concerning questions 6.a., 6.b., 7.a, 7.b, and 8, 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 full answer all questions, regardless of whether you believe the information requested is relevant. An honest "yes" answer to Questions 6, 7, or 8 will generally not effect 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 6.a. “Have you ever been given scholastic suspension or scholastic probation?"

Q: What if something like this happened, but I can't remember much about it?
A: You are obligated to disclose all instances of scholastic suspension and probation. You should disclose in your application as much as you remember. You must also make a diligent search for information and supplement your answer to the Office of Admissions.

Q: What if something like this happened, but there's nothing on my transcript about it?
A: You are obligated to disclose all instances of scholastic suspension and probation, regardless of whether you believe the school has maintained such records.

Question 6.b. " Have you ever been disciplined in any way by any college, university, or other institution of higher learning, or have you ever 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?”

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 additonal 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. Discliplinary 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 7.a. " Have you ever been convicted, placed on probation, or granted deferred adjudication or any type of pre-trial diversion in any jurisdiction for any offense other than a Class C misdemeanor traffic violation? You must report any offense involving alcohol or drugs and any failure to appear conviction resulting from any offense."

Q: Do all of the answers given to questions under 7.a. 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. If the underlying offense was a Class C misdemeanor other than a traffic violation, it must be disclosed.

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 of expunction.

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 7a and 7b 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 convictiona 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 7.b. Have you, within the last 10 years, been arrested, cited or ticketed for, or charged with any violation of the law other than a minor traffic violation? You must report any offense involving alcohol or drugs and any offense in which there was an attempt, whether successful or not, to suspend or revoke your driver’s license.”

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 explaination 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 explaination 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 no.7.a. 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 7.a.

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 is a "minor traffic offense?"
A: Generally non-moving violations and other traffic offenses constituting misdemeanours under applicable law will be considered "minor." Offenses where one is charged with a reckless act or endangerment to others are not minor, nor are offenses involving accidents or driving under the influence of an intoxicant, or offenses constituting felonies under applicable law.

Q: What if I was involved in a minor 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 not a "minor traffic 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.