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State: Florida Subject: Applying for PHD programs in Florida

Question on Application: "Have you recieved disciplinary action?" "Have you ever been arrested for, been convicted of, or entered a plea of guilty or NOLO contendre (No contest) to a crime (excluding traffic offenses not involving death or serious bodily injury) or been adjudicated or required to register as a sex offender?

My friend that is asking was arrested for DUI with serious body injury. She however, is not sure if it is a Traffic Offense or Criminal Offense (DUI)

Has anyone else experienced, or have good information pertaining to this question?

Thanks!

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    She however, is not sure if it is a Traffic Offense or Criminal Offense (DUI) Suppose it is a Traffic Offense. You claim it involved serious bodily injury. Then it is not excluded by excluding traffic offenses not involving death or serious bodily injury and your friend must report it. Suppose instead it is not a Traffic Offense but it is a Criminal Offense. Then your friend must report it. It appears your friend must report it in any case... or have I missed something? It's possible that they aren't allowed to ask that question - but if they are asking, it's probably allowed. – Patrick87 Sep 22 '15 at 18:17
  • @Patrick87 make this is answer; it's as good as it's gonna get. – jqning Sep 22 '15 at 18:20
  • Patrick thank you for your time in replying. We are thinking the same thing, she just wanted to get opinions from others before she applies. Please write that as an answer so you get the credit this question deserves and thanks again. – Hector Sep 22 '15 at 18:39
  • Was she convicted or is the case pending? – Viktor Sep 23 '15 at 12:59
  • Convicted, all is good, working in mental health field, doing fantastic, about to graduate and wanted to inquire about this while she applies for PhD program. Thank you all for your replies, we both interpreted it as a requirement to disclose based on the situation and circumstance. I wanted to get different opinions from other individuals that have no emotional connection to the situation. – Hector Sep 23 '15 at 17:18
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(Based on comment, with some elaboration)

I am not a lawyer. It would be foolish to take my opinions as legal advice.

She however, is not sure if it is a Traffic Offense or Criminal Offense (DUI)

Suppose it is a Traffic Offense. You claim it involved serious bodily injury. Then it is not excluded by excluding traffic offenses not involving death or serious bodily injury, so it would appear your friend must report it. Suppose instead it is not a Traffic Offense but it is a Criminal Offense. Then your friend must report it. It appears your friend must report it in any case.

It's possible that the University isn't legally allowed to ask a question requiring this kind of answer. I would take the fact that they have asked as a fairly strong indication that it probably is allowed, since this is not likely their first rodeo, so to speak. But your friend could look into this angle if she doesn't want to answer the question.

Is your friend afraid that by answering honestly, her chances to be admitted will be harmed? Suppose she is not concerned. Then there is no reason not to answer the question truthfully. Suppose she is. The school is then either allowed to require an answer, or is not allowed to require an answer. If the school is allowed to require an answer, your friend likely has to answer and should almost certainly answer truthfully, as arrest records may well be public records that turn up in a background check or the University's research. If the school's not allowed to ask and they did anyway, is it the kind of place your friend would want to attend in the first place - a place that has demonstrated intent to unfairly discriminate against people in her situation? I digress.

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