Criminal Background Checks During College Applications: How a Juvenile Offense Can Bar You from University

Juvenile Offenders are much more common in the United States than many people might guess. In fact, a 2012 study found that almost a third of American adults have been arrested for illegal or delinquent offenses by the age of 23. Although many of these juvenile offenders are able to get their records sealed or otherwise labeled confidential, there are still a plethora of "collateral consequences" that these young people must face as a result of their convictions. Traditionally, the collateral consequences of committing a crime might involve the danger of loosing jobs, public housing, public benefits such as welfare, and voting rights. Now, it has come to the legal community's attention that an increasing number of teenager offenders may be at risk for damaging their chances at college admission and/or federal financial aid. A recent study by the Center for Community Alternatives found that 66.4% of colleges currently collect information on their applicants' criminal records and this information is used in order to determine admissions.

The Common Application, the standard application used by colleges, specifically asks applicants "Have you ever been adjudicated guilty or convicted of a misdemeanor, felony, or other crime?" Other applications ask even more detailed questions, such as "Have you ever been pardoned or had your record expunged in any court? If so, please provide details as to the crime and conviction." Questions such as these pressure applicants, who have legally expunged, sealed, annulled, or confidential records, to disclose information that can be used against them in the admission process.

Another obstacle applicants may face is their eligibility for federal student loans. The Federal Application for Federal Student Aid, commonly known as the FAFSA, specifically excludes any student who was convicted of a drug related crime while receiving federal grants, loans, or work study from receiving federal student aid. A conviction for possession of a controlled substance results in a suspension from federal aid for one year, while a conviction for the sale of a controlled substance will earn students a two year suspension. Hundreds of thousands of students across the country rely on federal aid to attend college so a suspension can have a major impact on whether or not an applicant is achieve a higher education.

If you a young adult with a criminal record, there are several important things you should ask your attorney. The effects a conviction will have on you will be different depending on whether you are already enrolled in college or if you simply want to apply in the future and the status of your record.

You should also be aware of Penal Law § 1.05(6). The penal code states that one of the general purposes of the law is the "rehabilitation of those convicted, the promotion of their successful and productive reentry and reintegration into society." Penal Law § 1.05(6) may be helpful to your attorney in arguing your case, since it is obvious that hindering a teenager from receiving higher education would have an negative and unfair impact on his or her life.

If you are a juvenile accused of a crime, be sure to hire an experienced attorney. This is not a situation where you want to "go it alone." Juvenile offenses can have serious impacts on your future. You can reach my office at 718-317-5007.