Have I been arrested?

Author
Discussion

NickM450

Original Poster:

2,636 posts

200 months

Tuesday 26th August 2014
quotequote all
Hi folks,

Bit of an odd one. Just booked a holiday to Florida, other half wants to go to Disney and all that nonsense rolleyes

Years ago I was a bit of a naughty boy and was caught in possession of what was at the time a controlled substance. I remember being taken to the station and interviewed, I also had to return a week later to chat to another officer, I seem to recall this was a caution but can't remember.

Question is, how do I find out exactly what happened to me, was I arrested, was I charged, was I cautioned?

Thanks in advance thumbup

Mk3Spitfire

2,921 posts

128 months

Tuesday 26th August 2014
quotequote all
Sounds like a caution, and if that was your first time being bad ass, I imagine that's what it was.
Out of interest, what was the substance that was illegal, but now isn't?


ETA: How old were you at the time?

Edited by Mk3Spitfire on Tuesday 26th August 20:41

xxChrisxx

538 posts

121 months

Tuesday 26th August 2014
quotequote all
Can't wait for the next post. Denied travel on ESTA, how do I get my money back?

anonymous-user

54 months

Tuesday 26th August 2014
quotequote all
One US legal test depends on whether you been arrested for an offence involving moral turpitude. EDIT: but see below. The forms and officials don't always see it that way, but that is what US law says. I cannot now recall whether or not a minor drugs bust is classed by Uncle Sam as an offence involving moral turpitude.

EDIT: It isn't, BUT it IS a separate ground for refusing entry.

Best advice is not to seek to travel on the visa waiver scheme. but you can still apply for entry. See:-

http://www.pecher.com/us/immigration-law/weiteres-...

Edited by anonymous-user on Tuesday 26th August 21:38

Snowboy

8,028 posts

151 months

Tuesday 26th August 2014
quotequote all
You could apply for a 1/5/10 year visa instead.

When I got mine it was basically a ten minute chat to show I wasn't a terrorist or planning to become an illegal permanent immigrant.
It might be easier than the waiver forms.

NickM450

Original Poster:

2,636 posts

200 months

Tuesday 26th August 2014
quotequote all
I was 18 or 19 maybe, can't quite recall and I'm 31 now. It was indeed my first time of being a bad ass, also my only time.

It was Cannabis, is that not just about legal these days?

Are records held? I want to find out exactly what happened so that I can answer all the questions properly.

Edited by NickM450 on Tuesday 26th August 22:47

anonymous-user

54 months

Tuesday 26th August 2014
quotequote all
The US does not have routine access to UK police files.

Mk3Spitfire

2,921 posts

128 months

Tuesday 26th August 2014
quotequote all
Ha, no. Cannabis is still very much illegal.
I would guess that you had a caution. If you were arrested or not I can't say. I actually don't know how you find out. Obviously a PNC would give you the answers but I don't actually know how you request one.
I would phone 101 and ask to speak to someone in legal dept, or just someone who can assist you. They'll find someone who'll know.
But yes, find out, as lying or being mistaken on an entry application won't go down well!

rb5er

11,657 posts

172 months

Tuesday 26th August 2014
quotequote all
You won`t have a problem. Caution will have expired so I don`t think you need to bring it to their attention you bad bad man you.

photosnob

1,339 posts

118 months

Tuesday 26th August 2014
quotequote all
I've travelled to the USA many times, and I might have been arrested a couple of times.

Unless it's for a very serious offence (as in the US government will be interested) then it won't show up. The US don't have access to the PNC.

It's up to you though...

mchoody

327 posts

205 months

Tuesday 26th August 2014
quotequote all
Cautions never expire. And yes you would have been arrested to have been cautioned.

Mk3Spitfire

2,921 posts

128 months

Tuesday 26th August 2014
quotequote all
mchoody said:
Cautions never expire. And yes you would have been arrested to have been cautioned.
That's incorrect. You don't need to be arrested to be issued a caution.

roofer

5,136 posts

211 months

Tuesday 26th August 2014
quotequote all
Breadvan72 said:
The US does not have routine access to UK police files.
As someone who respects what you have to say BV, are you sure ? I want to visit the good ol etc, but some major antecedents has led me to believe no chance...

LucreLout

908 posts

118 months

Tuesday 26th August 2014
quotequote all
mchoody said:
Cautions never expire. And yes you would have been arrested to have been cautioned.
IANAL but that MAY have changed with the recent changes to the ROA?

photosnob

1,339 posts

118 months

Tuesday 26th August 2014
quotequote all
LucreLout said:
IANAL but that MAY have changed with the recent changes to the ROA?
Only applicable to the UK. Doesn't matter a jot to the USA when they ask you the question. There are ways around this, but I won't bore you with them.

Matt Harper

6,616 posts

201 months

Wednesday 27th August 2014
quotequote all
DON'T apply for a B2 visa unless your ESTA is denied, or risk opening a big can of worms.
Although USCIS is supposedly zero-tolerance regarding anything narcotics related I don't think you are lilkely to encounter any kind of issue if you checked the 'no' box.

That said and contrary to some advice above, around 10 years ago one of my UK parent company's engineers was sent over here to supervise an installation and he was denied entry to the US based on an undeclared cannabis distribution arrest and conviction in the UK (which was in his past - around 8 years) - so CBP clearly have access to some shared information. Not wishing to give the OP the heebie-jeebies, but that was at Orlando (Sanford, rather than MCO).


davepoth

29,395 posts

199 months

Wednesday 27th August 2014
quotequote all
roofer said:
Breadvan72 said:
The US does not have routine access to UK police files.
As someone who respects what you have to say BV, are you sure ? I want to visit the good ol etc, but some major antecedents has led me to believe no chance...
First off, don't contact the embassy unless you are 100% certain you are going to apply for a visa, because once you do talk to them and mention that you think you might need one, you get typed into the computer and then you definitely do need a visa.

3,000 searches a year is all the criminal record searches they get under the current rules IIRC. We have an agreement between the UK, US, Canada, Australia and New Zealand. I posted all the links in the last thread we did about this a few weeks ago but I can't find it now. There's also a capability to look for things through Interpol, but again that's strictly limited, to the naughtiest crimes.

Compared to the number of UK citizens that enter the USA that's not very many at all, and the US will also want to look at some UK citizens that don't even go to the USA too. So it's intelligence led - they'll need to think there's something shifty in your record before they'll even ask to look.

If you're really concerned, look at the PNC record yourself.

http://www.acro.police.uk/police_certificates.aspx

If it comes back with "No Trace" then your record is squeaky clean. If it comes back with "No Live Trace" then it means there was something on there in the past, and if you did apply for a visa then you would need to declare what it was.

MGZTV8

591 posts

149 months

Wednesday 27th August 2014
quotequote all
OP

To get details in the first instance you will need to contact the disclosures Department in your force area who will provide you with the full details on application and there will also be a charge.


As usual on SP&L there is lots of incorrect advice and rubbish and some which is correct so please make your own mind up however
this is what you need to do.

Edited by MGZTV8 on Wednesday 27th August 03:18

Mojooo

12,707 posts

180 months

Wednesday 27th August 2014
quotequote all
Based on what you have said it sounds like you were arrested and then cautioned (2 seperate things).

I spose the main question is were take taken to the police station after being caught? Most likely arrested. If you were asked to go then more likely it was a voluntary interview.


As above, I am sure the Police will tell if you ask.

Sheepshanks

32,725 posts

119 months

Wednesday 27th August 2014
quotequote all
Matt Harper said:
That said and contrary to some advice above, around 10 years ago one of my UK parent company's engineers was sent over here to supervise an installation and he was denied entry to the US based on an undeclared cannabis distribution arrest and conviction in the UK (which was in his past - around 8 years) - so CBP clearly have access to some shared information. Not wishing to give the OP the heebie-jeebies, but that was at Orlando (Sanford, rather than MCO).
Hmmm...I wonder if he was asked a speculative question by the Immigration Officer and he panicked?

Agree with the advice given by several posters - apply using the ESTA system, answer 'no' to everything and it'll be fine. I've been dozens of times and never been asked anything awkward.