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Old 16th Jun 2006, 11:35
  #89 (permalink)  
salad_man
 
Join Date: Jun 2006
Location: Surrey
Age: 58
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Hello

Normally I'm a reader only, hence my first post!

I just want to clarify some of the points raised and clear some misunderstandings up, more from a legal standpoint as scroggs answered the rest quite admirably.

'jaz' drink drive IS a conviction, (you must have been tried and convicted in a court)

'up4it' if you received a fine, then it depends what for. Speeding convictions are generally not counted. Usually however you will not have attended (plea by post). If it is something more serious, and you were tried and convicted of an offence, then this will also count as a conviction.

'king rooney', Indecent exposure is slightly different in that under certain circumstances you are required to be placed on the Sex Offenders register. You would know whether this has taken place, without knowing details I wouldn't like to speculate.

'areofoil' a caution is not a criminal conviction, and so you are not required to declare it.

For a fine under the age of 17 after 2 1/2 years it will count as spent (5 years for an over 18) under the Rehab of Off Act 1974. So 'lewisS' your conviction would now be spent.

The main problem is that to obtain a US Visa, you are required to declare whether you have been arrested for an offence and if this results in a conviction then you may be permanantly ineligible to receive a visa, as they are exempt from the Rehab of Off Act 1974.

Of course whether of not you declare this is a matter for your own integrity. Some points to bear in mind:

If you are arrested for an offence (recordable) your fingerprints and DNA will be taken and these will be kept on file forever, irrespective of whether you are charged and sent to court.

Whilst your conviction may be spent after a period of time you may think that the Police will delete your record. Think again! Your record will be held on the Police National Computer indefinitely. It depends what checks the Us Embassy do as to whether they find this out.

I apologise if this has been covered before, having read the thread, it seems that there is a lot of 'well intentioned' advice that is perhaps not totally accurate. I hope I have cleared this up.

Good luck in your future employment.
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