Can I Go To Law School If I’ve Been Arrested?
Do you have to give up your dreams of becoming an attorney because you have a criminal record? The short answer: It depends.
The longer answer is the rest of this blog! There is a lot of nuance behind applying when you have a crimincal record, and in this post, we’ll try to tackle as much as possible for you. It’s important to also remember this question is applicant specific, and there are always exceptions.
Why does my background matter?
If you’re applying to law school, you may be wondering why it even matters if you have a criminal record. Almost every single law school application will have a section of character and fitness questions, which touch on a variety of subjects, including your criminal record.
The question we’re going to touch on today is one on most applications that sounds something like this: “Are you currently under indictment, or have you ever been convicted, placed on probation, or given a deferred adjudication or diversion program for a criminal offense?” or “Have you ever been arrest or cited for a criminal violation?”
There are a lot of reasons why admissions committees are concerned about your criminal record. Admissions committees are focused on trying to admit students that they know are going to be successful. Sometimes character and fitness questions can bring up the question for admissions if you’re the right fit or not.
One of the main things that admissions is considering is whether or not you will be admitted to the state bar after completing your degree. If you can’t be admitted to the state bar, attending law school may mean that you spent a lot of money and time on a degree that you won’t be able to practice with.
Outside of wanting you to succeed, admissions committees are also aware that in many states, your bar application may require you to include your law school application. Law schools will not run a background check to confirm that you do or don’t have a criminal history, but the state bar will. If there are discrepencies, it will be a major red flag to them.
How do I answer character and fitness questions?
The best way to answer your character and fitness questions is carefully and confidently! The best way to do this is by understanding the questions that are being asked of you.
If you take nothing else away from our blogs about character and fitness questions, we will always remind you to read the directions and questions that you are asked carefully.
Reading and following directions are vital during your law school journey, so consider this your first test! Admissions committees will be taking this into consideration. Why should they believe that you will be able to, for example, read a contract carefully if they see that you aren’t taking your time with your law school applications?
The reason we emphasize that in this context is because some law schools are going to ask for very specific things. They may only want to know about the last five years of your criminal record or only want to know about things that weren’t sealed or expunged.
If you are confused about what a question is asking or feel unsure if you should disclose something, contact the admissions office and ask. They are not trying to trick you; they want to help you to make sure you’re filling out your application correctly.
Remember: You do not need to tell law schools anything more than they’re asking for.
For example, if you have parking tickets, but they’re only asking for moving traffic violations, then you don’t have to disclose those parking tickets. The best way to know what to disclose is by reading the questions carefully (yes, we’re going to keep reminding you of that).
What happens when I check yes?
If you answer yes to any of the character and fitness questions, they will ask you to then provide more information and documentation.
The usual things that they are looking for are court documents or other related documentation. If you have them, great. If not and it’s a serious offense, look for them. If it’s a simple offense and older, as long as you can give as many details as possible, it should be okay.
At a minimum, you need to include the date and time of when it happened, the location of where it happened, what factually happened (not emotionally), and the outcome (charges, arrests, fines).
It’s important to remember what details are and aren’t wanted because, depending on the school, you may be given a blank textbox and free reign to explain. You can write whatever you want in this section, but it’s not the time for a flowery story or your feelings about the matter. Admissions committees just want to know what happened and the outcome.
One of the most common mistakes is over-explaining a minor infraction. If the only run-in you have ever had was one speeding ticket, in the grand scheme of things this is not a major infraction. They do not need a thesis on what you have learned since.
When you start to over-explain, even if it’s not on purpose, it can seem defensive and like you’re blame-shifting. Remember to be intentional with your language and only give a paragraph or so about an offense, unless it is a major offense or a pattern.
If you have questions about how much information you need to share about an infraction, call or email the admissions office and ask. They will be able to answer about what they want to see.
What’s important to remember is that if you don’t provide enough information, the admissions committee may hold your file and ask you for more information, which delays your decision in the long run.
What if I forgot something on my application?
As we stated before, your application will become a part of your state bar application, which is a big reason why you don’t want to have any discrepancies between what you’re putting in your application and what they’ll find on a background check.
If you genuinely forgot to add something to your application or if something happens while you’re in law school, you may have to amend your law school application. This is typically different depending on what state you’re in, and it’s best to talk to your school’s Dean of Students, Office of Student Affairs, or bar success services about what the next steps should be.
Final Thoughts & Reminders
As we said in the beginning, whether or not you can go to law school with a criminal record or having been arrested is going to depend on a variety of different factors.
It’s important to remember why character and fitness questions matter and how you should answer them. The biggest takeaway is to read directions and questions carefully to make sure you’re giving admissions exactly what they need. If you have questions, ask the admissions committee.
Remember, there are many successful attorneys that were arrested or spent time in jail before they went to law school. There are some that have even gone on to become award-winning authors.
In recent years, law schools have even been evaluating the importance of character and fitness questions, especially with regard to criminal history. The landscape here is changing, and the importance of these questions could change going forward. Just this year Mitchell Hamline School of Law became the first ABA-accredited law school to educate someone that is currently incarcerated!
That said, for now, make sure to read the questions carefully and remember to be honest in your applications.
If you’re still feeling unsure about applying with a criminal history, the team at Barrier Breakers® Admissions Advising is here to support you through this law school application cycle! Whether it's through discounted advising for BIPOC, first-generation, and LSAC Fee Waiver applicants, our essay review services and courses, or just downloading our free Essential Guide to Applying to Law School, we're here to help make this process easier.
As always, feel free to reach out to us at hello@barrier-breakers.org with any of your questions! You can also submit a question to be answered on our weekly Break Into Law School® Podcast, streaming wherever your favorite podcast service is.