To disclose or not disclose?

[Anonymous]

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???

[Anonymous]

I would not disclose.

[Anonymous]

Do NOT disclose.

[Anonymous]

I would not disclose either.

[Anonymous]

OP here. Thanks for the replies....are your responses premised on the understanding that this is just not going to come up in the background check, or that if it comes up it won't even raise red flags?

[Anonymous]

Obviously the driving without insurance charge won't matter. Reckless driving tickets can be issued for both speed and for an accident (i.e. you ran a stop sign, didn't properly yield, etc.). Highly doubt they're going to care.

[Anonymous]

Anonymous wrote:Obviously the driving without insurance charge won't matter. Reckless driving tickets can be issued for both speed and for an accident (i.e. you ran a stop sign, didn't properly yield, etc.). Highly doubt they're going to care.

Agree.

[Anonymous]

I agree with PPs. Don't disclose.

That said, I hope you appreciate how you basically skated by and escaped consequences for some very dangerous behavior.

[Anonymous]

OP here. i certainly do. i had had a couple episodes of sleep eating/walking on ambien but didn't appreciate that something this bad could happen. i also appreciate that i could have had my life ruined if the state's attorney wasn't reasonable and the judge simply chose to discredit my testimony (if i had actually testified).

really scary that your whole world can be ruined relatively easily.

[Anonymous]

Anonymous wrote:OP here. i certainly do. i had had a couple episodes of sleep eating/walking on ambien but didn't appreciate that something this bad could happen. i also appreciate that i could have had my life ruined if the state's attorney wasn't reasonable and the judge simply chose to discredit my testimony (if i had actually testified).

really scary that your whole world can be ruined relatively easily.

NP here. I don't want to pile on but you may have narrowly escape ruining / ending someone else's life.

[Anonymous]

Unless them run a driving record check, I'm not sure this will even come up as part of a routine criminal check. What do you think lawyers?

[Anonymous]

Them=they. Sleep typing.

[Anonymous]

I am not a lawyer.

I would NOT disclose, because
1. It might not come up, and
2. Even if it does, they will not care.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here. i certainly do. i had had a couple episodes of sleep eating/walking on ambien but didn't appreciate that something this bad could happen. i also appreciate that i could have had my life ruined if the state's attorney wasn't reasonable and the judge simply chose to discredit my testimony (if i had actually testified).

really scary that your whole world can be ruined relatively easily.

NP here. I don't want to pile on but you may have narrowly escape ruining / ending someone else's life.

Back off. She didn't make the choice - this is a known (but rare) side effect of Ambien and she likely had no idea it was happening until she woke up in a crashed car.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP here. i certainly do. i had had a couple episodes of sleep eating/walking on ambien but didn't appreciate that something this bad could happen. i also appreciate that i could have had my life ruined if the state's attorney wasn't reasonable and the judge simply chose to discredit my testimony (if i had actually testified).

really scary that your whole world can be ruined relatively easily.

NP here. I don't want to pile on but you may have narrowly escape ruining / ending someone else's life.

Back off. She didn't make the choice - this is a known (but rare) side effect of Ambien and she likely had no idea it was happening until she woke up in a crashed car.

OP here. this is true, but whatever. pile on, i guess. i count myself as fortunate because this incident got me to stop taking ambien altogether. something much worse could have happened.

also, the firm's background check consent form asks for driver's license number, so i am guessing it involves pulling driving records. after reading some of the above posts, though, i am not sure this is going to raise red flags. as someone pointed out, it could look like i recklessly caused an accident and just didn't have my insurance card on me. they might not even ask about this.