Acing the College Application’s Criminal History Question
Acing the College Application’s Criminal History Question
Today most college applications include a criminal history question. Only two states, Louisiana and Washington, currently regulate when an institution can ask an applicant whether he/she has a criminal background.
While criminal history questions on a job application tend to be straightforward (e.g., Have you ever been convicted of a felony? Have you ever been convicted of a crime, felony or misdemeanor, within the last 10 years?), the same cannot be said for criminal history questions on college applications.
The first time I read the criminal history question on the Common Application (since eliminated), I was astonished by how confusing it was. The question used terminology that I’d never seen used before (“adjudicated guilty”), among other things.
Incorrect Answer to Criminal History Question: A Cautionary Tale
Recently, I was confronted with two criminal history questions contained in separate medical school applications. The client, I will call him Isaac, had been accused of providing false answers to the college applications’ two criminal history questions. The medical school considered expelling him.
To Isaac’s credit, before answering the first of the two questions, he’d consulted his criminal defense attorney and one other attorney. Both attorneys advised Isaac that he could answer “no” to the question.
The first question asked whether the applicant had “ever been convicted of, or pleaded guilty or no contest to, a felony crime, excluding:
(1) any offense for which you were adjudicated as a juvenile or
(2) convictions that have been expunged or sealed by a court (in states where applicable).
You need not disclose any instance in which you:
Were arrested but not charged
Were arrested and charged, with the charges dropped
Were arrested and charged, but found not guilty by a judge or jury
Were arrested and found guilty by a judge or jury, with the conviction overturned on appeal
Were arrested and found guilty but received an executive pardon.
The second question asked whether the applicant had been “convicted of a crime, or pleaded guilty and been placed on probation, court supervision or another reconviction program for an incident other than a minor traffic ticket.”
What made the questions difficult for Isaac to answer was that he’d received “710” or first offender probation, a special sentence often given to individuals in Illinois charged for the first time with marijuana possession.
Had Isaac consulted me before answering the question, I would have advised him to answer yes to the question. That said, I can also understand why he was mistakenly advised to answer no.
As written, the first question does not directly describe the circumstances that were in play in Isaac’s criminal case: 1) he pled guilty, 2) judgment against him was withheld, and 3) he was sentenced to qualified probation. In other words, despite pleading guilty to felony possession of cannabis, Isaac was never convicted of any crime.
The second criminal history question comes closer to describing Isaac’s situation: “pleaded guilty and been placed on probation … .” As such, Isaac should have erred on the side of caution and responded affirmatively to the second question.
Through my efforts, the disciplinary committee chose not to expel Isaac.
Lessons Learned
What can we learn from Isaac’s experience?
1) Make sure you understand the criminal history question before answering it.
2) Erring on the side of caution -- answering yes -- is a good strategy to take.
3) If you are still unsure how to answer the question, either consult with an attorney who specializes in helping people overcome the collateral (non-criminal) consequences of having a criminal record or speak to someone in the college’s admissions office.
4) Do not underestimate the importance of “how” you explain your criminal history. It always helps to have at least one person unfamiliar with your story read it and give you constructive feedback.
5) If possible, expunge/seal all your criminal cases before applying to college.
College and universities believe it is incumbent upon them to ask prospective students if they have a criminal background. Will some applicants be denied admission because of their background? Yes, they will.
But not being truthful about your background is a recipe for disaster. As I tell all my clients, you need to own your story and be prepared to tell it.