Disclosing Criminal History (DUI)

[ThisGuy57]

Hi everyone,

 

Within the last year (closer to 12 months than 1 month) I was arrested for DUI. I feel really stupid about it as a whole but I completely stand by my innocence and am not sugar coating what happened. The last time I was in court I turned down a deal which would have avoided conviction but resulted in probation of sorts. I instead opted to fight the charge and have a trial date which is later than application deadlines.

 

1. Technically it is a traffic offense but probably is not considered "minor" so ethically I have to mention it. 

2. It is my first offense/arrest

3. Even if I fight it and lose my lawyer said the judge would not penalize me and give me the same deal--- no conviction-- which means I would still be able to obtain a practicing license in any state. 

 

If I had taken the deal, I would say "yes" to the "charged" question, and say that I was not convicted and hope they understand. But now that it is "pending," how do I get across that I likely won't be convicted. 

 

Also-- does anyone know who actually sees this part of the application? Is it initial screening by or does the department/mentor see it as well?

 

 

Thanks,

ThisGuy

Edited November 15, 2014 by ThisGuy57

[shadowclaw]

Well, I don't have too much advice for you, but as I've been filling out applications, I've been asked about criminal convictions and the like. Even if your charge is considered a traffic offense, I think you still have to list it. UNC's application makes a point that you must list drug and alcohol-related charges/convictions regardless of whether they occur as a traffic violation. I also agree that a DUI is definitely not a minor offense. The UNC app also wants all charges listed (even if they are pending), and if you receive a charge after applying, you must notify them. Sorry to keep referencing the UNC app, but it's the one I'm currently working on and it's fresh in my mind.

 

On the bright side, in my apps there have been text boxes to provide explanations for charges, so you should be able to indicate that that you may get a plea deal.

 

While I don't know for sure who sees this information, I suspect that it may have to do with funding. The school might not be able to use federal money (i.e. NSF grant money) to fund people with certain types of convictions, and having a conviction for something like child abuse would impact your ability to obtain a TA position.

[PeakPerformance]

If you do not have a conviction yet -- if the matter is, as you say, still pending -- I would not mention the violation on your applications. If and when the status changes to a conviction you can amend your application. I do not think you are being unethical by not mentioning what at this point is not officially a part of your record.