Have I been arrested?
Discussion
Hi folks,
Bit of an odd one. Just booked a holiday to Florida, other half wants to go to Disney and all that nonsense
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
Bit of an odd one. Just booked a holiday to Florida, other half wants to go to Disney and all that nonsense
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
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-...
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
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.
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
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!
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!
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).
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).
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...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.
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.
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
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.
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.
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.
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