Open Container Violation

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sebs

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A few months ago I pled guilty to an open container violation (holding alcohol in a public area) in city court. It was made very clear that it wasn't a misdemeanor and I didn't think twice about it. Now I'm trying to fill out Brown's application and it asks

"Have you ever been found guilty or pleaded guilty or no contest to criminal misconduct in a federal, state, or local court of law or any other form of competent jurisdiction?"

Is this violation considered a criminal misconduct? Has anyone had personal experience with this or know someone who did? What would you do in this situation?

(PS. I know some guy made a thread about open container in 2011 but the situation was different.. he was already accepted and he had just received the ticket.. so don't get mad!)
 
Yes, you must report it. Criminal Misconduct is just a broad term to describe any sort of law infraction. Doesn't matter whether it was a felony, misdemeanor, etc.

It may look bad that you have an infraction with the law but it will look WAAAYY worse if you don't report it and it shows up on your background check (which it will).
 
Thanks so much for the advice Airborne.

Are people similarly putting down speeding tickets? I'm confused about what draws the line between an open container violation being criminal misconduct and speeding violations not being criminal misconduct. Both are tickets and involve a court summon, paying a fee, and overall seem pretty similar.

(do people disclose their speeding tickets on apps??)
 
sebs said:
Thanks so much for the advice Airborne.

Are people similarly putting down speeding tickets? I'm confused about what draws the line between an open container violation being criminal misconduct and speeding violations not being criminal misconduct. Both are tickets and involve a court summon, paying a fee, and overall seem pretty similar.

(do people disclose their speeding tickets on apps??)
Click to expand...

You should probably ask a lawyer.

I believe normal speeding tickets are not criminal misconduct (I believe more severe ones can be? I am not a lawyer), although there are secondaries that specifically ask about all traffic violations.
 
brown's wording seems vaguer than most

most med schools specifically rule out speeding and non-moving traffic violations
 
AirborneBearcat said:
Yes, you must report it. Criminal Misconduct is just a broad term to describe any sort of law infraction. Doesn't matter whether it was a felony, misdemeanor, etc.

It may look bad that you have an infraction with the law but it will look WAAAYY worse if you don't report it and it shows up on your background check (which it will).
Click to expand...

No do not report it. An infraction is NOT a crime. The legal definition of criminal behavior does NOT include infractions. Also, this will not show up on the criminal background check done by AMCAS so don't worry about it.
 
sebs said:
A few months ago I pled guilty to an open container violation (holding alcohol in a public area) in city court. It was made very clear that it wasn't a misdemeanor and I didn't think twice about it. Now I'm trying to fill out Brown's application and it asks

"Have you ever been found guilty or pleaded guilty or no contest to criminal misconduct in a federal, state, or local court of law or any other form of competent jurisdiction?"

Is this violation considered a criminal misconduct? Has anyone had personal experience with this or know someone who did? What would you do in this situation?

(PS. I know some guy made a thread about open container in 2011 but the situation was different.. he was already accepted and he had just received the ticket.. so don't get mad!)
Click to expand...

Your absolute best bet would be to run a background check on yourself. If it shows up, report it. If it does not, then it is up to you to decide whether or not to report it.
 
OP should apply to LSU-New Orleans, where open containers are both legal and encouraged.
 
Noggin said:
No do not report it. An infraction is NOT a crime. The legal definition of criminal behavior does NOT include infractions. Also, this will not show up on the criminal background check done by AMCAS so don't worry about it.
Click to expand...

You need to find out if your violation was an 'infraction' or a 'misdemeanor' or if it's technically 'criminal' or 'civil' --

Whatever the answer is, an open container in a park (not motor vehicle) by someone of legal drinking age is not something that will keep you out of medical school. The real danger is in not reporting.
 
OMGMike said:
Your absolute best bet would be to run a background check on yourself. If it shows up, report it. If it does not, then it is up to you to decide whether or not to report it.
Click to expand...

^ Do this.

Not sure if this applies for OP (likely in a different state) but this guy's background check came up clean: http://forums.studentdoctor.net/showthread.php?t=875950

I know students who:
1. Have been arrested/ticketed and have had the charges expunged
and...
2. Did not report these on AMCAS
and...
3. Were caught lying after the background check
AND...
4. Did not get their acceptance rescinded

This probably varies highly from school to school, though. Your call in the end.

Edit: the cheaper way of doing this is to call your county's court clerk and ask them to give you more info on the charge so you can figure out if it will be on your background check.
 
Last edited:
Pasmal said:
^ Do this.

Not sure if this applies for OP (likely in a different state) but this guy's background check came up clean: http://forums.studentdoctor.net/showthread.php?t=875950

I know students who:
1. Have been arrested/ticketed and have had the charges expunged
and...
2. Did not report these on AMCAS
and...
3. Were caught lying after the background check
AND...
4. Did not get their acceptance rescinded

This probably varies highly from school to school, though. Your call in the end.

Edit: the cheaper way of doing this is to call your county's court clerk and ask them to give you more info on the charge so you can figure out if it will be on your background check.
Click to expand...

I believe background checks screen for felonies and misdemeanors, if you have an infraction I'd like to think you'd be fine: but the suggestion above is pretty solid advice.
 
wait...did NOT get their acceptance rescinded? what type of violations are we talked about if i may ask? 😛
 
Drug related. Simple possession (~200 grams < not what it seems, PM If you want because that's another story in and of itself), paraphernalia. Another was reckless driving or something, also weird circumstances
 
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