TL;DR

Richard S. Sterger, founding attorney of Sterger Law Group, says he does not believe an underage DUI typically matters in the college application process, and FAFSA no longer asks about convictions. Once a student accepts an offer, however, housing, mandatory disclosures and codes of conduct can come into play. Student athletes face the most scrutiny, and private or religiously affiliated schools may ask different questions than a UCLA or Cal.

• FAFSA used to ask about convictions but no longer does, so a conviction is not part of applying for federal student aid.
• Sterger does not believe the Common App asks about convictions anymore, though individual schools may have their own or supplemental applications that do.
• After accepting a college offer, students may face housing issues and mandatory disclosures tied to the safety of other students, plus code of conduct rules that may prohibit drinking.
• Student athletes are scrutinized and asked about criminal convictions during recruiting, and their social media visibility makes it unlikely a DUI stays hidden.
• At a UCLA or Cal, the process is more standardized and a DUI is probably not an admissions issue, though housing could be a problem.
• Private, religiously affiliated schools such as Point Loma Nazarene or USD may ask different questions and apply different codes of conduct, which Sterger finds more concerning.

Does an underage DUI show up on college applications or FAFSA?

Richard S. Sterger: This falls outside my area of expertise because the application process is governed by different states and schools and the federal government and financial aid. There are some things that have happened, though, that are important to note. FAFSA used to ask about convictions. FAFSA doesn't ask about convictions, so when you're applying for federal student aid, that's no longer part of it. I don't believe it's part of the Common App anymore as well. That doesn't mean that certain schools might not have their own applications or supplemental applications in addition to the Common App that may ask those questions.

I have run into it in the context of representing somebody who is already in college. There can be code of conduct issues.

How can a DUI affect campus housing and codes of conduct?

Richard S. Sterger: When you're arrested or you're convicted of something, you have a responsibility to report it. Oftentimes, these things are structured more around safety of people that you may be housing with, because we have dormitory situations. That's probably not a DUI issue. But schools also have issues with moral turpitude and other code of conduct, whether they may prohibit drinking absolutely in certain situations.

The best answer is that I don't think in the application process, a DUI is typically going to matter. I do believe that when you get to actually accepting a college offer, you're going to have issues that you're going to have to confront with housing and mandatory disclosures for the safety of other students.

Can an underage DUI hurt college athletic recruiting?

Richard S. Sterger: There is a caveat that I would put to this. I've dealt with this because my son was a student athlete who went off and played at Division III. When he was going through the process, you're definitely going to be scrutinized, and you're going to be asked about criminal convictions. That's going to be a big deal.

Now, even more than ever, so many of our college athletes, even as they're exiting high school, are already very prominent social media characters or influencers. That platform is going to bring these things out, and inherent in these platforms is a desire to point out people's flaws. So the idea that you're going to get away with it is not something that I would think is going to happen.

As a student athlete, you have to be particularly concerned. I didn't realize until my son was going through it how many students are actually student athletes across all the sports and how many kids are actually considering it. When you start going into the depth of all the sports at all the different division levels, this is a much larger group of kids than when we think about how many are going to the SEC or the Big 12. There's all these other college athletes at all different levels. So this is an important question for them.

Can a first DUI keep my child out of a top college?

Richard S. Sterger: It really depends on the college. If we're talking about a UCLA or a Cal, you're probably not going to have that issue because it's going to be more standardized. You may have issues with housing, which could be a problem.

When you transfer over to a school like Point Loma Nazarene or USD, you may face increased issues getting in there because they're private schools, with their religious affiliations and their different codes of conduct. They may ask different questions on their application. I would be more concerned in that context.

Frequently Asked Questions

Does FAFSA ask about a DUI conviction?

According to Richard S. Sterger, FAFSA used to ask about convictions but no longer does. When applying for federal student aid, a conviction is no longer part of the application.

Will my child have to disclose a DUI after being admitted to college?

Sterger says that once a student accepts a college offer, they may have to confront housing issues and mandatory disclosures for the safety of other students. Schools may also have codes of conduct, including rules that prohibit drinking in certain situations.

Are student athletes treated differently after an underage DUI?

Yes. Sterger, whose son played at Division III, says recruits are scrutinized and asked about criminal convictions. Because many athletes already have a social media following, he does not expect a DUI to stay hidden.

Is a private college more likely to care about a DUI than a UC school?

Sterger says a UCLA or Cal is probably not going to have that issue because its process is more standardized, though housing could be a problem. Private, religiously affiliated schools such as Point Loma Nazarene or USD may ask different questions and have different codes of conduct, so he would be more concerned there.

Edited for length and clarity from a recorded conversation with Richard S. Sterger.