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  1. #1
    Join Date
    May 2010
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    2

    Default Considering Law School, Battery and MIP Might Be on Record

    My question involves criminal records for the state of: California

    I am considering law school and I have found that passing the Bar is not the only ticket to becoming a lawyer, you also have to pass the moral character test. This extensive search of my background MAY show 2 previous altercations I have had with the law, and I would like to know whether or not these incidents will be on my record, and if I need to be worried about whether or not the Bar Association will pass me off as "moral". Also, whether or not I should include these incidents on the "Moral Character Application".

    1) About 4 years ago, I was 20 years old and was cited for an MIP (drinking a beer in front of a frat house). Went to court and the judge didn't even ask me for a plea, he instead gave me the option of doing a 3 hour class on drug use and prevention which would wipe it off my record. So I did this and completed the class and all necessary paperwork.

    2) about 18 months ago, at the end of a football game, as everyone was exiting the stadium, I threw a cup with a small amount of soda inside of it at a badmouthing opposing fan. The police escorted me out of the stadium with my hands behind my back. Outside the stadium they calmed down, let my hands free, as i was not resistant in any way. I sat down as they wrote me a "ticket" (?) for 242 battery. They took my fingerprints. I did not go to the station, get in their car, get handcuffed, or get my picture taken. 18 months have gone by, and I have never been summoned to court. I received a letter in the mail from the DA saying they will not be prosecuting my case "at this time" I received that letter over a year ago.
    So, how long can they hang this over my head w/out prosecuting me? Was this whole incident technically an "arrest"? And if I never get prosecuted, is there anything on my record? Should I take some sort of action to make sure this is cleared?

    Also, is there a way for me to officially check what is on my criminal record, without that action in itself "raising red flags"?

    I would greatly appreciate a response to this lengthy question!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Considering Law School, Battery and MIP Might Be on Record

    You should answer all questions truthfully.

    I would not expect a dismissed MIP charge to affect your bar admission.

    The limitations period for a simple misdemeanor is one year.

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Considering Law School, Battery and MIP Might Be on Record

    Thank you for your response, and yes, I would love to answer everything truthfully, but in order to do that I need to know what exactly constitutes an arrest. Was either incident technically an arrest? Would I call the MIP a "citation" or "infraction"?
    And lastly, can I or should I do anything to clear up the misdemeanor situation? I'm thrilled to learn that I cannot be prosecuted for it, but should I try and get it dismissed or something so that it's not just floating around the system, being potentially harmful to my background since it was never resolved?

    Thank You

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