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Ok, I'm a sophomore honors student, and I got a big problem. Last november I made a huge mistake, and the first time I was exposed to marijuana I was caught and ticketed by the University Police.

Recently, I just found out about FAFSA question 35, which asks if the applicant has been convicted of a drug charge before. Now, my student loans are set through this semester, but I'm in a problem because now I have to fill out my FAFSA forms for next year.

I've read many articles about people not answering truthfully on question 35, and since schools don't check it, this only hurts the students who are truthful. First, although I feel an aversion to lying, would I actually be caught if I answered no? Does it matter by school?

And second, if I do answer truthfully, exactly what will happen? I once read a government website saying you are required to go to the financial aid office to declare yourself ineligible as soon as you are convicted. I know that's probably bunk, but it still really scares me.

Since this offense happened last November, would the financial aid office consider it to be retroactive and punish me someway? Would I be better off not even filing the FAFSA form than I would be filing it and answering yes on question 35? I would be financially able to pay for one semester without aid, but I'm worried about worse things happening.

I know falsifying information on the FAFSA is a crime, but is there actually a chance I would get caught lying? Do all universities do it the same way? I had a theory that the only way the university could find out about it is if I got caught numerous times (which I have no intention of ever doing again) and it gets reported to the Dean of students, but is that true?

Do a lot of people get in trouble for lying on the question? And if so, what are the penalties? I've heard it can be as much as $20,000 or a year in jail. God, is that true?

Sorry this is so long, but I'm a nervous wreck over this. I hope you all understand. Thanks.

By Calmom (Calmom) on Friday, February 14, 2003 - 04:30 am: Edit

More info need.

You say you were "ticketed" by university police. What happened after that? Did you go to court? What was the outcome?

What state are you in?

A "ticket" is not a conviction - it is a summons to appear in court.

By JoeStrmmr451 on Friday, February 14, 2003 - 11:03 am: Edit

Ok, let's see, it says "Description of Violation: Possession/Use of Marijuana." At the top of the bill or ticket or whatever you want to call it that they sent me, it says "Citation and Complaint (Non Traffic). I was not required to appear in court. The fine was for $349 and I paid it right away. I live in Wisconsin.

It's still on my record though -- you can search the Wisconsin Circuit court records and I'm there.

So what's the word?

By Calmom (Calmom) on Friday, February 14, 2003 - 05:08 pm: Edit

You need to talk to a lawyer in Wisconsin. Or ask financial aid department at your school.

See this article here:
http://marijuanareform.org/u/d/News/alert_30.html

"Under the drug provision of the Higher Education Act, misdemeanors or felonies trigger the financial aid penalty, not lower-level violations as proposed by the judges."

It sounds like you have "citation", not a misdemeanor, but I can't tell you for sure because I don't know what the current law is in Wisconsin. As far as I can tell, the financial aid laws apply only to convictions for "misdemeanors" and "felonies". In California, where I live, we have something called an "infraction" which is like a ticket, and I know it doesn't count as a misdemeanor. (We also have something called "diversion" that can keep a first-time offender from ever getting a conviction if they participate in a counseling program). My assumption is that the Wisconsing "citation" also is NOT something considered to be a misdemeanor -- but you need real legal advice.

IF ANYTHING LIKE THIS EVER HAPPENS AGAIN, GET LEGAL ADVICE BEFORE YOU PAY YOUR FINE! What you are dealing with is what is known as a "collateral consequence" of a conviction, and lawyers can give you proper advice.

You might also be interested in this link:
http://www.raiseyourvoice.com/perryfund/

By JoeStrmmr451 on Tuesday, February 18, 2003 - 08:58 pm: Edit

Well, sorry Calmom, but I talked to the campus lawyer, and he told me that even though what I got was a citation, citations and ordinances are included in this law, which means I still have to answer yes on this question.

Thanks for your help anyway though.