The Florida Bar application isn’t just simple questions and answers. In fact, it can get pretty specific. Just keep in mind you do have the ability to add a detailed explanation about past criminal conduct. If you use this option carefully it can help you prove you have the character and fitness to practice law despite a minor criminal issue or two in your past. Keep reading to learn how to utilize the detailed explanation regarding criminal conduct on the Florida Bar application.

Do I Have To Leave A Detailed Explanation About Past Criminal Conduct?

We recommend that you use this opportunity to be clear and candid with the Florida Board of Bar Examiners. In this section you can use your own words to explain your criminal history before the Board finds the details during your Florida Bar Character and Fitness Investigation.

Getting Started On The Detailed Explanation – Questions Regarding Past Criminal Conduct

What NOT to Say in the “Detailed Explanation” on Your Bar Application – Questions Regarding Past Criminal Conduct

One of the better definitions of “detailed” explanation is this:

“marked by abundant detail or by thoroughness in treating small items or parts”

Everybody’s interpretation of providing a detailed explanation varies, but quite a few applicants repeat the same mistakes related to nondisclosure when making detailed descriptions in their Bar applications.

Before even starting to draft your explanation, gather all the paperwork associated with the incident you’re describing. Carefully read it and then use that paperwork when describing the event.

What Not To Say When Filling Out Detailed Explanations About Past Criminal Conduct: Examples

The following are examples of what NOT to do when asked about past criminal conduct.

These are examples of “detailed descriptions” from Bar applications that were submitted to the Florida Board of Bar Examiners without prior review by an attorney. All could have been greatly improved. They’ve been edited to remove any information that would make the identity of the applicant known.

Arrested in my own home for disorderly conduct. Charges were filed and I pled guilty in June 2024.

What’s missing? How about an explanation of what happened leading up to the arrest for disorderly conduct? What was the applicant’s role in the scenario? What did the police report

say the applicant’s role was? What kind of charges were filed? How were the charges disposed? What were the terms the court imposed?

Also, the bar application isn’t the place to dispute the arrest. Applicant sounds indignant by saying “in my own home”.

Remember that explaining what happened fully and truthfully is not an admission of guilt. It just shows the Board that you can provide the full scope of information they’ll need for their

investigation in an honest, detailed way.

I attended a sporting event with a friend of mine in January 2016. While drinking underage, my friend became intoxicated and was causing a scene. To be clear, I did not partake in the drinking because I wanted the full experience of the event as well as abiding by the law.

The Board doesn’t care whether your friend was drinking underage and causing a scene. The friend isn’t the one whose conduct is at issue. It seems that the info about the friend is gratuitously added so the applicant can contrast their own law-abiding principles.

The stadium manager walked over to us because my friend was drawing negative attention towards herself and was acting belligerent. The stadium manager had the police officers handcuff and escort her off of the property. Nervous for my friend, scared and hysterically crying, the stadium manager seemed to believe I was asking too many questions. She began pointing her finger in my face and yelling at me as if I were part of the problem and disobeying the law. Then, as I remained calm and politely asked her to remove her hand from my face in order to deescalate the situation, I gently brushed her hand below my chin. I was then escorted by an officer as well.

The applicant continues to describe the friend’s conduct, suggesting that if not for the friend’s behavior, the applicant wouldn’t have gotten into trouble. There’s one mention of the applicant’s conduct and it’s that the police thought the applicant was “asking too many questions”. Not terribly helpful when you don’t include what those questions were. The applicant goes on to describe the manager’s belligerent behavior while making themselves seem victimized. These skewed statements make the applicant’s descriptions about their own behavior suspicious, particularly because they were also escorted away by law enforcement.

Not knowing the rights of the accused, they collected a urine sample and to their disappointment did not find any traces of alcohol or drugs in my system.

Did they tell you they were disappointed that your urine was clean? Avoid editorializing when you don’t have firsthand knowledge.

They took me to jail. I was charged with two felonies and two misdemeanors: battery on a law enforcement officer, resisting arrest with force, public indecency and aggravated battery on a civilian. Each charge was later dropped, and I was even asked to do an interview with a local news media outlet about the incident.

The charges are relevant information, and the applicant should go back into their description to include information that might explain why they were charged. Being asked to do an interview is irrelevant and shouldn’t have been included.

During this whole experience I never once got to explain myself, nor was I listened to when attempting to do so. Instead of becoming hateful and bitter, I’ve used this experience to propel me forward and become my “why”. I have the utmost respect and admiration for law enforcement, in fact it made me question and develop a new appreciation for our judicial system.

The applicant completely omits statements about their own conduct and includes gratuitous remarks about the judicial system. It doesn’t hide the omission of their own conduct in this scenario. Also, where’s accountability? Another omission would be an apology, but we can’t even get to that when there’s no statements of accountability to begin with.

Conclusion

We’ve provided some great examples of how NOT to use the detailed explanation. We hope you can use these examples to write an ideal detailed description of your past criminal conduct. Include all relevant information. State the facts and be completely candid. Avoid unnecessary or opinionated verbiage. 

If you are still unsure or you want to be sure you get it right, you can contact Elizabeth Conan, Attorney At Law, with questions regarding your own detailed descriptions about past criminal conduct.