CUNY Law nixes criminal history box from app

Efforts levied by the Formerly Incarcerated Law Students Advocacy Association to remove the CUNY Law application question about criminal history were realized last week.  Photo courtesy of FILSAA

By Rachel Vick

The path is about to get clearer for formerly incarcerated and justice-involved students looking for J.D. from Queens’ public law school.

CUNY School of Law announced this week that they would remove an application question asking about law school hopefuls’ criminal histories — making them only the second school in the state to do so.

The change comes amidst a larger movement to eliminate the question from law school applications and state bar examinations.

The change to the admission process was celebrated by advocates fighting against barriers to entry for formerly incarcerated individuals, by the students at the public school who led the charge to prove the merit of omitting the question and faculty members alike.

“CUNY Law's access mission necessitates that we work to remove barriers to a legal education for those historically excluded from the profession,” said ​​Director of Admissions, Enrollment, and Dual Degree Programs at CUNY Gayla Jacobson. “If we're truly encouraging students who have been most impacted by the law to participate in its transformation, it isn't enough to put qualifications on what does or does not need to be disclosed, but instead to be leaders working towards complete elimination.”

Formerly Incarcerated Law Students Advocacy Association has spent years pushing for policy to reflect the ideals of the school that, for some of its earliest members, was the school willing to take a chance.

Colby Williams, who was the group’s leader and liaison to the admission board throughout the process, was rejected by other schools based on the response to the question about his record, for concern it would keep him from passing the character and fitness section of the bar. Today, he’s headed for graduation and mid-bar with professional opportunities waiting on the other side.

“There’s a fundamental disconnect between what employers want and what makes a good lawyer,” said FILSAA member and incoming executive board member Lauren Hunt. “There's this archaic notion of the lawyer being a certain person that is not of the people they represent but somehow better than and I think we're trying to move away — even outside CUNY, collectively.”

Hunt was one of several who took to the fight in front of the administration, compiling research about the impact of a record in the process.

Hunt said they were told by St. John’s University Professor David Marshall that the bar rejects people for dishonesty, rather than their criminal history — described as a cycle that traps applicants who aren’t legally required to disclose their history to the bar under human rights law, but might still have to for their schools.

She heard a positive response from one character and fitness committee member and standard answers from two others, and though SUNY Buffalo’s law program, the first school to eliminate the question, just graduated its first class there have yet to be any negative impacts.

Though the response from other students and a majority of the Admissions Board who voted in favor of changing CUNY’s application has been positive, Hunt said the risk of fallout from investors was “sobering” as they consider opportunities for specific scholarships.

“Hopefully because of this vote and publicity around it there’re many people we’ll be able to help, feeling comfortable submitting an application,” she said. “That's the goal. The nature of what we do won't change, it will just hopefully bring more people who will consider applying and [looking for] our services whether they want to go to CUNY or not… we're still happy to help you.”

She said ending her first year of law school with the news — which came the day of her last final — was more than just a relief.

“It felt better to me than finishing the final,” Hunt said. “It's really exciting and energizing because the idea [that] when you organize within your community change happens is true, and that's really exciting.”

The fight on the ground at CUNY Law echoes a statewide push from advocates to remove the sister question — which has been condemned by the New York State Bar Association as unconstitutional —  from the official process of getting admission to the bar.

Tolu Lawal, lead organizer with Unlock the Bar, commended the student’s efforts and potential for a ripple effect throughout other law schools.

“Other students can do this too – this can be replicated,” she explained. “Removing the question is a really important first step; there's always going to be more work to be done to ensure people are actually applying.”

“We do still have work to encourage folks formerly incarcerated to come to law school who are still up against character and fitness [where] might still be a deterrent even with law school taking it out on the front end,” Lawal added. “The writings on the wall - it looks like a lot of spaces are really interested and recognizing the more folks have access to recognition and education is considered a public right the more we realizing all of us benefit from that.”

The Administrative Board of the Courts is reportedly planning to reconsider the issue at an upcoming meeting.