First, thank you for answering my question as I may need to contact an attorney. I am 25 yrs and was arrested once in my life upon the charge: Witness Tampering (felony). It was dropped only weeks later (happened 6 years ago when I was placed in a very difficult situation). My university applying for asks have I ever been charged* or convicted of a felony (provided with an essay box to disclose detail). It cautions withholding information will result in disciplinary action. What about my rights (5th amendment Self incrim.)? What response, if any, do you recommend students give?
This is pathetic example of how the US Constitution is not taught in school.
You managed to get through 12 grades, are applying to college and have no clue what your 5th Amendment (and I venture to say most of the rest of the Constitution) means, says or stands for (note I am not calling you pathetic... this is a systemic failure and I blame the school system).
You have no 5th Amendment right with a private university - only with the government.
You are just as free to fail to disclose as they are to fail to admit you.
Do what you want just understand the consequences.
If and when you do get into college please take a course on civics and the constitution. You should know what that document is all about, both for yourself and for all of the men, women and children who gave their lives to give you your freedom.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
your charge is public information, unless your record was sealed or expunged
you can refuse to disclose---they can refuse to admit you.
do not lie, do not lie by omission.
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If were arrested, there is a record of said arrest. Consequently, the paper trail can be found, especially in the age of the internet and the vast amounts of information that is out there. I would advise you to disclose the arrest and explain that it the charge was dismissed. If you don't and they find it, you won't be hired because you were not truthful
The question asks whether you have been charged or convicted of a felony. Well you haven't been convicted of a felony since the charges were dropped. And legally speaking, you were not formally charged because I assume the charges were dropped before formal charges were filed. But the university could construe your arrest alone as being "charged" with a crime. So what you answer is a personal preference as you have a basis to answer no, but some people may recommend and if I personally were in your position, I would put no but elaborate that you were arrested for reasons x, y, and z, and that the charges were dropped six weeks later and you are now hiring a lawyer to expunge your record. If its that important to you hire an attorney for a reasonable fee to being the expungement process and perhaps help you write a statement on why you were arrested and how it should not affect he university's decision.
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