To disclose or not disclose?

[Anonymous]

It depends on the question, have you been charged with a crime vs have you been convicted. If the former you should disclose because arrest records are searchable.

[Anonymous]

Don't disclose. Unless driving is part of your job (and it obviously isn't) they will most likely not find and and won't care if they do. If you disclose, they're going to assume you're a prescription drug abuser.

[Anonymous]

no questions have been asked about criminal charges, etc. i had to sign a consent allowing the firm to conduct a background check. i assume they may pull driving records, because my driver's license number was requested on the consent form.

[Anonymous]

Anonymous wrote:I think I may be getting an offer to join a biglaw firm as a lateral associate. They do background checks (I have already been asked to fill out the requisite forms). A couple of years ago, I had an incident where I took a prescribed medication and "sleep drove." Long story short, got charged with hit and run for clipping a parked car; total of four charges, two of which were potentially jailable and two that were just fines/points. I got a lawyer, who got the prosecutor to nolle pros everything except a one-point reckless driving offense (this is a maximum 1-point violation in Maryland, where I live), which the judge then gave me PBJ for.

I got the two criminal charges expunged. The two traffic charges (failure to provide insurance information after an accident, 0 points and a fine, and reckless driving, described above) are still on my record, because you can't immediately expunge traffic offenses that don't carry potential jail time.

I would imagine this would come up during my background check. So should I just disclose in the event I am extended an offer, or say nothing? I have asked friends and have received varying advice (including, from a prosecutor friend of mine, "keep your mouth shut because it won't come up). I am concerned about getting an offer, leaving my current firm, then having the offer revoked because this pops up (I have no idea when they actually run the background check). In the end, I think biglaw firms tend to have their people who have actual bad stuff in their past - DUIs, drug possession, etc. I have an excuse, and I can't imagine my bringing this up would auto-ding me.

Thoughts, DCUM???

You mention you would be a lateral associate, does that mean you're coming from a law firm or other? If the former, did the sleep driving incident happen prior to you joining the law firm? Does anyone at your current employer (references, supervisors, etc) know of the incident? If you seek admission to another bar, would you feel compelled to disclose this incident at that time (granted your answer here would probably be the same to your original question)?

When I went to a firm as a first year, the background check report (I received a copy) did not probe deeply - criminal convictions, outstanding judgments, liens, etc. I had some gov't K co-workers whose work exposed them to information that was cloaked in some level of government secrecy. They had to undergo a more probing background check that would probably uncover incidents similar the one you describe.

[Anonymous]

OP here. I had started at my current firm about a week before the driving incident. I am unsure whether they had done their background check already, or whether they did it after the incident (and am further unsure what would have come up at that point, i.e., how long the charges took to post.) I was very concerned about it, but I chose not to self-disclose.

My attorney for the traffic case also represents lawyers in ethics situations, and he assured me there was no need to disclose to the MD or DC bars given the outcome (if it were a conviction on the jailable stuff, we would have had to talk about it). As far as applying to new bars, I think it would depend on the questions asked (and I looked myself at various bar applications at the time, out of curiosity - they vary). If it's "have you EVER been charged with a jailable offense" then I would disclose. If "convicted," then no.

I am still on the fence about this... Although maybe leaning toward not disclosing. If you were to look at my driving record, you would see a one point offense that got PBJed and a no-points offense that could have been me driving without my insurance card after I got into an accident (caused by my "reckless" driving).

[Anonymous]

^The insurance card offense can happen at a routine traffic stop if the officer asks for proof of insurance so it doesn't even signal that you were in an accident.

[Anonymous]

Anonymous wrote:^The insurance card offense can happen at a routine traffic stop if the officer asks for proof of insurance so it doesn't even signal that you were in an accident.

It actually would, because it's "failure of driver involved in a car accident to provide insurance information at the scene" or similar wording. That along with the reckless driving on the same date is the thing I thought might raise eyebrows.

[Anonymous]

Anonymous wrote:OP here. I had started at my current firm about a week before the driving incident. I am unsure whether they had done their background check already, or whether they did it after the incident (and am further unsure what would have come up at that point, i.e., how long the charges took to post.) I was very concerned about it, but I chose not to self-disclose.

My attorney for the traffic case also represents lawyers in ethics situations, and he assured me there was no need to disclose to the MD or DC bars given the outcome (if it were a conviction on the jailable stuff, we would have had to talk about it). As far as applying to new bars, I think it would depend on the questions asked (and I looked myself at various bar applications at the time, out of curiosity - they vary). If it's "have you EVER been charged with a jailable offense" then I would disclose. If "convicted," then no.

I am still on the fence about this... Although maybe leaning toward not disclosing. If you were to look at my driving record, you would see a one point offense that got PBJed and a no-points offense that could have been me driving without my insurance card after I got into an accident (caused by my "reckless" driving).

PP here - This add'l info would make me less likely to disclose. For some obvious advice as for your fear of having your offer revoked, structure your new start date and background check to mitigate this possibility, i.e., 1) send those forms back ASAP and 2) try to get a later start date (which might delay the deadline by which you should give notice to your current employer).

[Anonymous]

OP here. I have talked to the recruiter, who initially said don't say anything but reconsidered and said I should bring it up.

He did tell me that biglaw firms will extend a conditional offer contingent on both the background check and conflicts check (the latter of which takes way longer), and that candidates do not give notice at their current firms until all of that is cleared.

So, I remain on the fence here. I figure screw it, I will probably disclose.

[Anonymous]

Keep your mouth shut.

[Anonymous]

Would not disclose

[Anonymous]

Anonymous wrote:It depends on the question, have you been charged with a crime vs have you been convicted. If the former you should disclose because arrest records are searchable.

I would only admit that when applying for a sec clearance bc they really wouldn't care. If you have convictions expunged through PBJ I would not mention arrests.

[Anonymous]

Anonymous wrote:OP here. I have talked to the recruiter, who initially said don't say anything but reconsidered and said I should bring it up.

He did tell me that biglaw firms will extend a conditional offer contingent on both the background check and conflicts check (the latter of which takes way longer), and that candidates do not give notice at their current firms until all of that is cleared.

So, I remain on the fence here. I figure screw it, I will probably disclose.

Where is the firm located? If in DC, do not disclose and they cannot ask until after the offer. DC has one of the most restrictive background laws that just went into effect earlier this year. Rescinding an offer based on a criminal conviction is now very difficult in DC. Your situation will not warrant a rescinding of offer as the crime has no bearing on your job.

[Anonymous]

For the love of god, say nothing.

Just changed jobs and had two offers at law firms: one verbal offer contingent on background; one "after your background check comes back we will be making you an offer." I had nothing in my report, but i sure as hell waited for the formal paper offer letter to be signed and returned before giving notice.

In short, say nothing, get your offer letter and then go enjoy your new job!

[Anonymous]

Anonymous wrote:Rescinding an offer based on a criminal conviction is now very difficult in DC.

Completely false.