When Should I Include an “Explanation” Statement?
Some “explanation” statements are required, while others will fall under the general “if there’s anything more you’d like to tell us” invitation that most schools offer.
When an Explanation is Required
Under certain circumstances, most law schools will require that you provide additional information. Some common events that might trigger a required explanation include academic probation, college disciplinary action and criminal prosecution.
If you’re required to provide an explanation, do so. That much should be obvious. However, it’s not always quite as clear as it sounds. For example, a school may ask a question about arrest, or about any legal consequences, or may limit the language in the question to criminal convictions. So, it may be unclear whether a particular incident falls within the language a particular school uses, and it may appear (accurately or inaccurately) that some schools require disclosure and explanation of issues that other schools do not.
One of the most common questions I hear as an admissions consultant is some variation on “does a citation for underage drinking count as a criminal conviction?” or “I had this misdemeanor marijuana possession conviction, but I went through a program and it was expunged—do I still have to report it?” The answer to that question may vary depending on state law, on the resolution of the matter, on the language of the question on the law school application and other factors. We can find the answer in the documents surrounding the citation, the state or local laws applied, the language of the question on the application and/or by asking someone in the admissions office at the school in question whether or not it “counts”. But my first-line advice is usually to simply follow a mantra that will become very familiar to the applicant during law school and legal practice: disclose, disclose, disclose.
This advice often meets with some resistance, and understandably so. An applicant has a limited amount of time and space in which to sell himself to a school; no one wants to use that time and space discussing negatives— particularly ones he’s not sure he’s required to mention at all. Ultimately, an applicant has to make his own decisions when the lines aren’t crystal clear, so I’ll explain why I nearly always advise clients to disclose, and then I’ll tell you what to do to protect yourself as fully as possible if you are reluctant to follow that advice.
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