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Late Accommodation Documentation and an Expunged DUI

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Late Accommodation Documentation and an Expunged DUI

On January 10, 2025, Maya, a 2022 graduate of an ABA-approved law school, files her Illinois bar application for the July 2025 exam. She answers "no" to the character question asking whether she has ever been "cited, charged, or arrested" for an offense. In 2021 she was arrested for DUI; she completed court supervision, the charge was dismissed, and the record was later expunged under Illinois law. Maya also requests 50% additional time and a separate room for ADHD and generalized anxiety. Her application is timely, but her supporting documentation-a 2019 neuropsychological evaluation and a letter from her therapist-arrives on March 3. The Board's timely accommodation deadline is February 1; late requests are considered only for good cause. The Board then sends Maya a notice that it received a tip about the DUI. Maya's law school gave her 25% extra time on exams, and her LSAT accommodation was 50%.

1. Must Maya disclose the 2021 DUI on her Illinois bar application? Explain how the exact wording of the question and the expungement affect the answer.

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The controlling text is the application question, not the expungement statute. Maya answered a question that asked about being "cited, charged, or arrested," not merely convicted. An arrest and charge existed in 2021 even though the case was dismissed and later expunged. Expungement may erase the public record for many purposes, but it does not by itself excuse a false answer to a bar application question that expressly reaches arrests or charges. Maya should amend immediately and disclose the arrest, the DUI charge, the court-supervision disposition, the dismissal, and the expungement order. She should describe what happened in her own words and attach certified records if available. Because the Board already has a tip, waiting or arguing that the record "does not exist" would create a candor problem far more serious than the underlying 2021 conduct. If the question had been limited to convictions, a dismissed charge might not be technically reportable, but Maya should still consider disclosing it in an explanatory addendum because the Board is investigating and because character and fitness review values completeness.

2. Is Maya likely to receive the full 50% additional time and separate room? Analyze the deadline, documentation, and prior accommodations.

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She should not assume she will receive the full request. The February 1 deadline is a real filing requirement, and her documentation arrived on March 3. The Board may consider a late request only for good cause, and the fact that she had a 2019 evaluation in hand weakens a claim that she could not have filed on time. Prior accommodations are evidence of need, but they are not binding on the Board: the LSAT granted 50%, while her law school granted only 25%, so the record is mixed. The 2019 evaluation is also several years old and may not specifically address the format and demands of the Illinois bar exam. Maya should immediately submit the late request with a detailed explanation of the delay, a current clinician's letter connecting her diagnoses to specific functional limitations on a timed bar exam, and a request for the least restrictive effective accommodation. She should be prepared to accept 25% extra time or another accommodation if the Board finds that the full 50% plus a separate room is not supported.

3. What should Maya do now to manage both the accommodation and character-and-fitness issues?

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She should treat the two tracks separately but act quickly on both. On character and fitness, she should amend the application in writing, disclose the DUI arrest and disposition, explain the expungement, and provide a sworn statement describing the circumstances, any treatment or education, and why it will not recur. She should not minimize the conduct or blame the expungement. On accommodations, she should file the late documentation package immediately, request a good-cause determination, and ask whether the Board will accept a current evaluation submitted after the deadline. She should keep copies of everything and respond to Board requests by the stated deadlines. If the Board denies the full accommodation, she can ask for reconsideration or a hearing if the rules provide one, but she should not delay her character amendment while litigating accommodations. The strongest posture is early, complete candor plus a focused, current accommodation record.