I recognize your question and I think you received good answers the last time it was posted. There is a key part of ORC 2953.33 that you may be overlooking, specifically, 2953.33(B)(1), which provides that: (B)
" In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, except as provided in division (E) of section 2953.32 and in section 3319.292 of the Revised Code and subject to division (B)(2) of this section, a person may be questioned only with respect to convictions not sealed, bail forfeitures not expunged under section 2953.42 of the Revised Code as it existed prior to June 29, 1988, and bail forfeitures not sealed, UNLESS the question bears a direct and substantial relationship to the position for which the person is being considered."
Any conviction of ANY kind bears a direct relationship and substantial relationship to the position for which you are being considered - an attorney and counselor at law. That is why candidates who are open and honest about their past are regularly admitted to law school, and likewise, approved to sit for the bar. The key inquiry is your level of honesty and integrity, because the bar must believe that you can be trusted with a client's life, liberty, and property - especially money.
I encourage you follow up with the advice you received before to reach out to the school admissions department - you will find them open and willing to discuss your concerns with you. Good luck!
DISCLAIMER: Confidential Information should not be shared on the internet. Anonymous posts can be traced back to the original poster. Be careful what you share on this or any other website. I am a criminal defense attorney based in Central Ohio with offices in Delaware and Marion, Ohio. The laws of other states differ from Ohio's laws. I am not permitted to practice in other states without first obtaining special permission. Nothing on this or any other website creates an attorney-client relationship. If something I say differs from that of your current attorney, you should rely on the advice of your attorney. Your attorney knows the unique facts of your case including the court and other attorneys involved. If you doubt your attorney for some reason and wish to seek other counsel, you should do so in person, not over the internet. The internet is often a good place to gather information, but should not be considered a substitute for legal counsel. The information offered in my posts is for educational purposes only.
You seem to be asking this question over and over. I am not sure what happened, or if you have been denied the right to sit for the bar or what. If you failed to disclose something, trying to rely on your reading of the law, you may have shot yourself in the foot. HONESTY is what they are looking for. It is all about your character and fitness to practice law. You made a mistake, got a conviction, what have you done about it since then ?? If you are doing everything right, then you should have no issues, but you NEED to be honest. If you want to fight the system on this one, you are going to lose.
The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.
Great question, and many people have asked the same question. Let me give it a shot.
The practice of law is a learned profession, not a trade. Applying for admission to the Ohio Bar isn't like applying for a job at Wal-Mart. At Wal-Mart, you're entitled to answer "No" to the job interview question regarding a conviction that was expunged, or a charge that was sealed. If you're applying to be a certified legal intern or admission to the practice of law, the Ohio Supreme Court, which controls the admission of candidates to the practice of law, can know about your entire relevant past, even if it was sealed or expunged.
The reason is because entry to the practice of law is not just about getting a law degree and passing the Bar exam. There is also a character and fitness aspect. The reason is because courts often need to rely on an attorney's representations without verification. An attorney handles money from clients. An attorney also has access to detention facilities that the general public can't. These examples and countless others are reasons why character and fitness are a requirement to enter the legal profession or become a certified legal intern as a law student.
If it makes you feel any better, it's not just the Ohio Supreme Court which has "the power to legislate", according to you, in this regard. Other professions are asking for all information about someone's past, sealed or expunged or not. Potential nurses from what I understand also want to know everything. I know this because I got a similar question on Avvo sometime ago from someone about to enter the nursing profession who complained about having to disclose a certain expunged conviction.
The best advice I can give you is to disclose the conviction, or whatever it is you feel you otherwise don't have a duty to disclose. More than likely, it won't be a problem, as long as you're forthright about it. The Bar examiner will take into account that it was sealed or expunged. The worst thing you can do is not be truthful about this particular aspect of your past, whether you are motivated by deception or by principle. That will almost certainly cause you problems with the Ohio Supreme Court.