Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 Folks I'm going through all the paperwork and shenanigans I need to go through to get the hell out of this place. I am required to forward any details regarding previous criminal convictions as part of my immigrant visa to the USA I am also required to submit a Police record check. Police record check is not a problem. I have found the application form to get this information. (£35 squid! Used to cost a tenner! bastards!) As far as my criminal record, I have one single conviction dating back to 2000 for threatening behaviour for which I received a Community Service order. I didn't get locked up or anything because there was no actual physical harm to a third party. The Southall police didn't take to kindly to the large adjustable wrench I had in my hand though. It seems Magistrates courts do hold records of such information, certainly not from 9 years ago but I believe Crown Courts do hold records of Crown Court cases. Any suggestions anyone????? puuurrrrleeeze? Link to comment Share on other sites More sharing options...
The Masked Tulip Posted August 16, 2009 Share Posted August 16, 2009 http://www.yourrights.org.uk/yourrights/pr...gn-courts.shtml Link to comment Share on other sites More sharing options...
Markie6 Posted August 16, 2009 Share Posted August 16, 2009 A conviction for a violent crime could be tricky imho ( if it is that ) They are an awful lot stricter nowadays. I have read reports of people who have records and been turned away at immigration. They hadn't realised they needed to declare their convictions and applied for visas evenfor 1 week holidays Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 http://www.yourrights.org.uk/yourrights/pr...gn-courts.shtml I'm fully aware that I have to declare spent convictions But I will almost certainly be asked to provide details of the court case. Problem is, magistrates courts do not hold these records Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 A conviction for a violent crime could be tricky imho ( if it is that )They are an awful lot stricter nowadays. I have read reports of people who have records and been turned away at immigration. They hadn't realised they needed to declare their convictions and applied for visas evenfor 1 week holidays I've travelled to the USA several times without any problems. Link to comment Share on other sites More sharing options...
Markie6 Posted August 16, 2009 Share Posted August 16, 2009 I've travelled to the USA several times without any problems. did you know that a visa was needed if you have a criminal record ? they might not pick it up for a holiday..but I think they may be very thorough checking for those hoping to live there Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 did you know that a visa was needed if you have a criminal record ?they might not pick it up for a holiday..but I think they may be very thorough checking for those hoping to live there Perhaps if it is current If it is a spent conviction, I don't think you need to declare it. A community service order is a spent conviction after 5 years. I think it might be differnet if you have been convicted in a Crown Court This means, for example, that applicants for immigration and work permits or for visas to countries such as the USA will be under a duty to disclose spent convictions. this is a quote from the Liberty website. I don't think spent convictions need to be declared for the US Visa Waiver programme but you certainly do have to declare it for any kind of Visa Link to comment Share on other sites More sharing options...
Markie6 Posted August 16, 2009 Share Posted August 16, 2009 taken from us info Additional Administrative Processing : Criminal Convictions Under United States visa law, people who have been arrested at anytime are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, a waiver of the permanent ineligibility is required. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction. Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 taken from us infoAdditional Administrative Processing : Criminal Convictions Under United States visa law, people who have been arrested at anytime are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, a waiver of the permanent ineligibility is required. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction. yes Once again..... This applies for VISAS Not for Visa Waiver for travel to the USA for holidays and suchforth I'm well aware that I will have to declare spent convictions with respect to my application for my Green card What i am trying to find out is HOW I can get access to the relevent court records. Jeeez! Link to comment Share on other sites More sharing options...
Guest joeschmo Posted August 16, 2009 Share Posted August 16, 2009 someone i know got all the way there and was put on a plane home for a conviction they received 9 years earlier Link to comment Share on other sites More sharing options...
Guest joeschmo Posted August 16, 2009 Share Posted August 16, 2009 yesOnce again..... This applies for VISAS Not for Visa Waiver for travel to the USA for holidays and suchforth I'm well aware that I will have to declare spent convictions with respect to my application for my Green card What i am trying to find out is HOW I can get access to the relevent court records. Jeeez! i would save yourself the bother, it is unlikely that they will let you in. their view seems to be "we have enough criminals of our own, why do we want foreign ones" Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 someone i know got all the way there and was put on a plane home for a conviction they received 9 years earlier This isn't very helpful I'm not interested I am asking whether anyone knows how i go about obtaining a court record. I'm not interested in whether someone you know go put on a plane and sent back home. Christ alive Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 i would save yourself the bother, it is unlikely that they will let you in How do you know that? Are you an expert in US immigration? Obviously not So you are suggesting that a conviction in a magistrates court, NOT Crown Court, would immediately preclude you from obtaining a Visa Link to comment Share on other sites More sharing options...
Markie6 Posted August 16, 2009 Share Posted August 16, 2009 Plenty of info on the link I gave. Only trying to help. However getting huffy easily and with a violent past, me thinks you might be out of luck only joking , good luck Plenty of celebritys get away with it. Link to comment Share on other sites More sharing options...
Markie6 Posted August 16, 2009 Share Posted August 16, 2009 aken fro the website i linked.... Information on obtaining the police certificate is available from the ACPO website. http://www.acpo.police.uk/certificates.asp Link to comment Share on other sites More sharing options...
Guest joeschmo Posted August 16, 2009 Share Posted August 16, 2009 This isn't very helpfulI'm not interested I am asking whether anyone knows how i go about obtaining a court record. I'm not interested in whether someone you know go put on a plane and sent back home. Christ alive dont shoot the messenger Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 aken fro the website i linked....Information on obtaining the police certificate is available from the ACPO website. http://www.acpo.police.uk/certificates.asp The police record check isn't a problem. I have downloaded the application for that. The Police Record Check is a local record only and it will only provide details of convictions, cautions, warnings, traffic offenses in the area you live in. I don't have any convictions where I live. I haven't been arrested, charged or cautioned. I have a single conviction form a magistrates court from 2000 but they don't keep records going back that far. Only Crown Courts keep transcripts. Link to comment Share on other sites More sharing options...
whiterabbit Posted August 16, 2009 Share Posted August 16, 2009 FolksI'm going through all the paperwork and shenanigans I need to go through to get the hell out of this place. I am required to forward any details regarding previous criminal convictions as part of my immigrant visa to the USA I am also required to submit a Police record check. Police record check is not a problem. I have found the application form to get this information. (£35 squid! Used to cost a tenner! bastards!) As far as my criminal record, I have one single conviction dating back to 2000 for threatening behaviour for which I received a Community Service order. I didn't get locked up or anything because there was no actual physical harm to a third party. The Southall police didn't take to kindly to the large adjustable wrench I had in my hand though. It seems Magistrates courts do hold records of such information, certainly not from 9 years ago but I believe Crown Courts do hold records of Crown Court cases. Any suggestions anyone????? puuurrrrleeeze? In general the US split convictions into 2 different piles. Its what they consider felonies you have to worry about. You need to do a few things: Understand whether or not your conviction is considered a feloney or misdermeana in the US. If it isn't a feloney then no problem and you can move ahead. Otherwise if it is a feloney run a criminal record check on your self and then apply to have the record removed if it shows. I am pretty sure peoples records go back at leat 25 years for all offences including cautions in any court. This even includes charges with no convictions. In general if you have a feloney they won't reject out of hand but will dig deeper for more information and decide on a case by case basis........ If you withhold the inforamtion and lie on an application even if you get the visa if found out at a later date they can deport for illegal initial entry. Link to comment Share on other sites More sharing options...
Guest UK Debt Slave Posted August 16, 2009 Share Posted August 16, 2009 In general the US split convictions into 2 different piles. Its what they consider felonies you have to worry about. You need to do a few things:Understand whether or not your conviction is considered a feloney or misdermeana in the US. If it isn't then no problem and you can move ahead. Otherwise if it is a feloney run a criminal record check on your self and then apply to have the record removed if it shows. I am pretty sure peoples records go back at leat 25 years. In general if you have a feloney they won't reject out of hand but will dig deeper for more information and decide on a case by case.. If you withhold the inforamtion and lie on an application even if you get the visa if found out at a later date they can deport for illegal initial entry. Thankyou A sensible response A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses). Many misdemeanors are punished with monetary fines. Usually only repeat misdemeanor offenders are punished by actual jail time. It is highly unlikely that a first time misdemeanant will serve any jail time. It is likely that if one is convicted of a misdemeanor that it will be expunged. In the United States, the federal government generally considers a crime punishable with incarceration for one year or less to be a misdemeanor.[1] All other crimes are felonies. Many states also follow this. The distinction between a felony and misdemeanor has been abolished by most other common law jurisdictions (e.g. Crimes Act 1958 (Vic., Australia) s. 332B(1), Crimes Act 1900 (NSW., Australia) s. 580E(1)). Those jurisdictions have generally adopted some other classification, e.g. in Canada, Australia, the Republic of Ireland and the United Kingdom, the crimes are divided into summary offences and indictable offences. In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, drug possession, DUI and other similar crimes. In the United States, misdemeanors are crimes with a maximum punishment of 12 months of incarceration, typically in a local jail (again, as contrasted with felons, who are typically incarcerated in a prison). Those people who are convicted of misdemeanors are often punished with probation, community service or part-time imprisonment, served on the weekends. Misdemeanors usually do not result in the loss of civil rights, but may result in loss of privileges, such as professional licenses, public offices, or public employment. Such effects are known as the collateral consequences of criminal charges. This is more common when the misdemeanor is related to the privilege in question (such as the loss of a taxi driver's license after a conviction for reckless driving), or when the misdemeanor involves moral turpitude – and in general is evaluated on a case-by-case basis. One prominent example of this is found in the United States Constitution, which provides that the President may be impeached by Congress for "high crimes and misdemeanors" and removed from office accordingly. The definition of a "high crime" is left to the judgment of Congress. Within classes of offenses, the form of punishment can vary widely. For example, the US federal government and many U.S. states divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine.[2] When a statute does not specify the class, it is referred to as an unclassified misdemeanor. Sometimes this is done when legislators wish to impose a penalty that falls outside the framework specified in the classes. For instance, Virginia has four classes of misdemeanors, with Class 1 and Class 2 misdemeanors being punishable by twelve-month and six-month jail sentences, respectively, and Class 3 and Class 4 misdemeanors being non-jail offenses payable by fines; but first-time marijuana possession is an unclassified misdemeanor punishable by serving up to 30 days in jail.[3][4] I think it is safe to say that my conviction comes under the definition of a misdemeanour, not a felony crime Perhaps we can now get back to where we were with the original post does anyone know how to obtain a copy of court records from the distant past? Thankyou I'm going for a beer now Link to comment Share on other sites More sharing options...
Sibley's Love Child Posted August 16, 2009 Share Posted August 16, 2009 Cr*p post duly deleted. Link to comment Share on other sites More sharing options...
Markie6 Posted August 16, 2009 Share Posted August 16, 2009 to Debt Slave.. try emailing the acpo people with regard to your case, they must have been asked the same question before and have info Link to comment Share on other sites More sharing options...
Democorruptcy Posted August 16, 2009 Share Posted August 16, 2009 UK Debt Slave, Can I ask why you have chosen the US ahead of other places? Link to comment Share on other sites More sharing options...
whiterabbit Posted August 16, 2009 Share Posted August 16, 2009 ThankyouA sensible response A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses). Many misdemeanors are punished with monetary fines. Usually only repeat misdemeanor offenders are punished by actual jail time. It is highly unlikely that a first time misdemeanant will serve any jail time. It is likely that if one is convicted of a misdemeanor that it will be expunged. In the United States, the federal government generally considers a crime punishable with incarceration for one year or less to be a misdemeanor.[1] All other crimes are felonies. Many states also follow this. The distinction between a felony and misdemeanor has been abolished by most other common law jurisdictions (e.g. Crimes Act 1958 (Vic., Australia) s. 332B(1), Crimes Act 1900 (NSW., Australia) s. 580E(1)). Those jurisdictions have generally adopted some other classification, e.g. in Canada, Australia, the Republic of Ireland and the United Kingdom, the crimes are divided into summary offences and indictable offences. In some jurisdictions, those who are convicted of a misdemeanor are known as misdemeanants (as contrasted with those convicted of a felony who are known as felons). Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, drug possession, DUI and other similar crimes. In the United States, misdemeanors are crimes with a maximum punishment of 12 months of incarceration, typically in a local jail (again, as contrasted with felons, who are typically incarcerated in a prison). Those people who are convicted of misdemeanors are often punished with probation, community service or part-time imprisonment, served on the weekends. Misdemeanors usually do not result in the loss of civil rights, but may result in loss of privileges, such as professional licenses, public offices, or public employment. Such effects are known as the collateral consequences of criminal charges. This is more common when the misdemeanor is related to the privilege in question (such as the loss of a taxi driver's license after a conviction for reckless driving), or when the misdemeanor involves moral turpitude – and in general is evaluated on a case-by-case basis. One prominent example of this is found in the United States Constitution, which provides that the President may be impeached by Congress for "high crimes and misdemeanors" and removed from office accordingly. The definition of a "high crime" is left to the judgment of Congress. Within classes of offenses, the form of punishment can vary widely. For example, the US federal government and many U.S. states divide misdemeanors into several classes, with certain classes punishable by jail time and others carrying only a fine.[2] When a statute does not specify the class, it is referred to as an unclassified misdemeanor. Sometimes this is done when legislators wish to impose a penalty that falls outside the framework specified in the classes. For instance, Virginia has four classes of misdemeanors, with Class 1 and Class 2 misdemeanors being punishable by twelve-month and six-month jail sentences, respectively, and Class 3 and Class 4 misdemeanors being non-jail offenses payable by fines; but first-time marijuana possession is an unclassified misdemeanor punishable by serving up to 30 days in jail.[3][4] I think it is safe to say that my conviction comes under the definition of a misdemeanour, not a felony crime Perhaps we can now get back to where we were with the original post does anyone know how to obtain a copy of court records from the distant past? Thankyou I'm going for a beer now Be careful with this statement, check to be sure. For example I know for a fact that a DUI is considered a feloney depending on coding but doen't fall under what is normally considered a feloney. I think you can request your records under the FOI act from the CRB at no cost once a year? Otherwise just go to one of the online agencies. Link to comment Share on other sites More sharing options...
Guest joeschmo Posted August 16, 2009 Share Posted August 16, 2009 Be careful with this statement, check to be sure. For example I know for a fact that a DUI is considered a feloney depending on coding but doen't fall under what is normally considered a feloney.I think you can request your records under the FOI act from the CRB at no cost once a year? Otherwise just go to one of the online agencies. why am I not surprised that whiterabbit knows all about how to hide a criminal record...conviction for hate crime is it??? Link to comment Share on other sites More sharing options...
whiterabbit Posted August 16, 2009 Share Posted August 16, 2009 why am I not surprised that whiterabbit knows all about how to hide a criminal record...conviction for hate crime is it??? actually quite the opposite, I actually head a consultancy practice that performs internal audit......................that Joe is why I can sniff out BS even online.................... Link to comment Share on other sites More sharing options...
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