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Blog · June 1, 2017

Does the Constitution Stop a College from making me Disclose a Dismissed Criminal Case? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:  My University requires us to disclose my only arrest which was dropped weeks later? 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?


A:  Chosen as “Best Answer” by Asker on www.AVVO.com:

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Answered . 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 entirely, not you at all).

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 free 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.) 

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Asker
Posted 8 days ago.
Apologies, I read the whole textbook in Jr. college, ‘We The People’ by Benjamin Ginsburg and don’t remember it ever providing an example that Self Incrimination rights are exempt from private institutions. However, discussion upon the 10th amendment was lectured upon for almost days. I do like studying law so I will seek that course as an elective.

There is no doubt I will disclose the charge. My concern is that I’m unsure if I should disclose the detail of how the charge came to be? (a single text message of a few words sent to someone who was pending as a witness as I nor my attorney at the time knew she was going to be a witness).

Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted 8 days ago.
My advise to you is to get a certified copy of the disposition (an official document from the Clerk of Court which proves that the case was dismissed) and attach that to the application with a simple statement that you were wrongfully arrested for (offense) on (date) and that the State dismissed the charge against you on (date). No more no less.

Then I would consider expunging the record.

For more on expungement please read my AVVO Legal Guide on Sealing and Expunging Records in FL as it contains valuable information supplemental to this answer and should prove to be helpful to you. For your convenience the a links follows:

Michael A. Haber, Esq.’s AVVO Legal Guide on Sealing and Expunging Records in FL:http://www.avvo.com/legal-guides/ugc/sealing-and-expunging-records-in-fl-a-legal-guide-by-michael-a-haber-esq-miami-criminal-lawyer?published=true

Again, wishing you luck and hoping that I have been helpful in answering your question.

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Asker
Posted 2 days ago.
Thank you!! I will get the copy and attach it. You have the best answer. I have used Avvo previously to consult with an attorney so if I decide I need help with this (very likely) I have your office in mind. My degree means everything to me so I must try my best to receive it, thank you.

When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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When it comes to "The Four Cs" (i.e. Cops, Criminal Courts and Constitutions) your interests are almost always best served if you choose to "UPx2" (i.e. "Shut-Up" / invoke your 5th Amendment Privilege Against Self-Incrimination and "Lawyer-Up" - invoke your 6th Amendment Right to Counsel) and call #HaberPA, stat!

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