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Old 25th August 2008, 7:06pm   #1
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travelling to u.s/convictions

yeh so whats the deal with going to america if youve had criminal convictions?

Im planning on going either late this year or early next year, have got some stuff on my record that happened when i was 18 (or 19, cant really remember) - And im 24 now so hopefully its been 5 years and its spent? If its spent does that mean its coolies? or will i get denied no matter what?

Also - anyone know how i can actually find out if my convictions are spent or what, like the exact dates. coz i have no idea how to get that information. was so long ago now i canny mind at all.

planning on booking within the next couple weeks so really need to find this shit out. Hope jzy dont get banned from the u.s
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Old 25th August 2008, 7:16pm   #2
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Re: travelling to u.s/convictions

The other half works for Disclosure Scotland and says a lot of it depends on what the actual convictions are for. Do a search for rehabilitation of offenders for more info (he pulled up the forum below). the time the crime stays on your record depends on various things, such as your age. Certain crimes have no rehabilitation period (so will always be disclosed no matter what).

to get your criminal conviction record go to the police station and they can pull it up for you.



http://www.aardvarktravel.net/chat/v...ic.php?t=28880
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Old 25th August 2008, 7:20pm   #3
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Re: travelling to u.s/convictions

Quote:
Originally Posted by JZY View Post
yeh so whats the deal with going to america if youve had criminal convictions?

Im planning on going either late this year or early next year, have got some stuff on my record that happened when i was 18 (or 19, cant really remember) - And im 24 now so hopefully its been 5 years and its spent? If its spent does that mean its coolies? or will i get denied no matter what?

Also - anyone know how i can actually find out if my convictions are spent or what, like the exact dates. coz i have no idea how to get that information. was so long ago now i canny mind at all.

planning on booking within the next couple weeks so really need to find this shit out. Hope jzy dont get banned from the u.s
We've got something on my work database that tells us when a conviction's spent, i can check it for you if you like? For some things i think it's less than 5 and for some things it's more, it probably wasn't serious so you'll be fine.
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Old 25th August 2008, 7:23pm   #4
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Re: travelling to u.s/convictions

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Originally Posted by Rosco View Post
We've got something on my work database that tells us when a conviction's spent, i can check it for you if you like? For some things i think it's less than 5 and for some things it's more, it probably wasn't serious so you'll be fine.
Adam can tell you whether or not your convictions are spent- it's his job! (PM me if you want)
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Old 25th August 2008, 7:39pm   #5
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Re: travelling to u.s/convictions

The official line is that you don't qualify for the Visa Waiver Programme if you've ever been convicted, or even if you've arrested without being convicted. There's no consideration of 'spent' time.

In reality, they don't have access to UK police files so there's no real way they can check up.

http://www.virginholidays.co.uk/info...ategory=18#536
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Old 25th August 2008, 7:42pm   #6
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Re: travelling to u.s/convictions

It's a tough one, especially these days.

If you've got any convictions, then you have to check with the US Embassy, if you can, then do it before you book your flight.

It's fine to say any conviction is off your record here, but that doesnt mean it's not still on your record for travel to the US. They can keep things on your record, which the UK government is happy to share with them, for as long as they want.

Basically what it comes down to is they can say no to you for any reason, and they dont have to explain themselves.

Obviously what the conviction was for will play a big part...

Quote:
Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.
Quote:
Travelers with a Criminal conviction(s)

Under United States visa law people who have been arrested at anytime are not eligible to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for visas.

Travelers who have been afflicted with a disease of public health significance, a mental disorder or drug addicts / abusers

Travelers to the United States who have been afflicted with a disease of public health significance, a mental disorder which is associated with a display of harmful behavior, or are a drug abuser or addict, are not eligible to travel visa free under the Visa Waiver Program. They are required to apply for visas and a waiver of the permanent ineligibility.
More here..
http://www.usembassy.org.uk/cons_new...add_crime.html



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Old 25th August 2008, 7:43pm   #7
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Re: travelling to u.s/convictions

stupid america
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Old 25th August 2008, 7:44pm   #8
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Re: travelling to u.s/convictions

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Old 25th August 2008, 7:44pm   #9
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Re: travelling to u.s/convictions

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Originally Posted by Largest of Als View Post
They can keep things on your record, which the UK government is happy to share with them, for as long as they want.
Anything to back this up?
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Old 25th August 2008, 7:50pm   #10
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Re: travelling to u.s/convictions

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Originally Posted by Zero View Post
Anything to back this up?
adam says a rough rule of thumb is that a conviction in scotland is that it will stay on your record for 20 years minium, but he says it's very complicated, even more so if it was down in England. Have a new found respect for the crap he has to deal with at work now
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Old 25th August 2008, 8:10pm   #11
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Re: travelling to u.s/convictions

Bad news mate

Quote:
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.
Sounds like to have to apply for a Visa first.
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Old 25th August 2008, 10:38pm   #12
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Re: travelling to u.s/convictions

Quote:
Originally Posted by JZY View Post
yeh so whats the deal with going to america if youve had criminal convictions?

Im planning on going either late this year or early next year, have got some stuff on my record that happened when i was 18 (or 19, cant really remember) - And im 24 now so hopefully its been 5 years and its spent? If its spent does that mean its coolies? or will i get denied no matter what?

Also - anyone know how i can actually find out if my convictions are spent or what, like the exact dates. coz i have no idea how to get that information. was so long ago now i canny mind at all.

planning on booking within the next couple weeks so really need to find this shit out. Hope jzy dont get banned from the u.s
Spent convictions counts for diddly squat in the US eyes, least that's what we were told.

Your not allowed to use the visa waiver form that UK citizens use. You MUST apply for a visa from the US embassy. For that you'll need a memorandum of conviction from the court where you were convicted and need to send that off with all the relevant documents, I've heard recently though that you'll probably have to attend the embassy for the visa and theirs no guarantee you'll be given one, all really comes down to the conviction etc.

These rules are from 2000 when I was working for the US embassy I can only imagine they have got even stricter since 9/11.

Quote:
Originally Posted by MarkMono View Post
Give me your poor, your sick, your hungry...
Nothing about criminal in that.

Quote:
Originally Posted by ladysavage View Post
adam says a rough rule of thumb is that a conviction in scotland is that it will stay on your record for 20 years minium, but he says it's very complicated, even more so if it was down in England. Have a new found respect for the crap he has to deal with at work now
Yup a load of paper work if it's anything like the embassy stuff we had.

Quote:
Originally Posted by Zero View Post
The official line is that you don't qualify for the Visa Waiver Programme if you've ever been convicted, or even if you've arrested without being convicted. There's no consideration of 'spent' time.

In reality, they don't have access to UK police files so there's no real way they can check up.

http://www.virginholidays.co.uk/info...ategory=18#536
Even if they can't share the details there is nothing to stop them sharing the fact you have a criminal record. After all we'd probably be interested in the same stuff from other country's so I'm sure they all share that sort of info.
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Last edited by Ghostsuit; 25th August 2008 at 10:39pm. Reason: Automerged Doublepost
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Old 25th August 2008, 10:39pm   #13
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Re: travelling to u.s/convictions

The numbers you'll probably want to try first are here: http://www.usembassy.org.uk/scotland/

Better trying the Consulate to Scotland where the staff probably have more experience with Scots law and convictions then the main embassy.
The Consul Officer is also very friendly.

Edit: Scrap that. The website says the Edinburgh consulate doesn't deal with Visa stuff. Better just go for the London one then. Sorry. http://www.usembassy.org.uk/ukaddres.html
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Old 25th August 2008, 10:48pm   #14
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Re: travelling to u.s/convictions

youll just have to go for an interview.

itll be fine


sadly, the interview will be in london tho
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Old 25th August 2008, 10:52pm   #15
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Re: travelling to u.s/convictions

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Originally Posted by L@ur@ View Post
youll just have to go for an interview.

itll be fine


sadly, the interview will be in london tho
Just don't high 5 the marines on the way in .
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