Referral Order in the UK at 13 and USA
Oct 25th 2017, 10:27 am
#1
Just Joined
Thread Starter
Joined: Oct 2017
Posts: 2
Referral Order in the UK at 13 and USA
Hello
I am new to this forum as someone said you may help with my query. I hope I am at the right place but please re-direct me if I am not.
If a youth has been charged with ABH and given referral order at the age of 13, by the time of 14 it is already spent. It is very confusing as it states that referral order is the only court judgement which does not result in a criminal conviction for the criminal behaviour and, once spent, shall not be disclosed unless applying for a job working with kids or vulnerable people. But, as I read more, it may appear on DBS checks (enhanced and standard).
This young person has never been in any other trouble and I reckon he has taken his lesson.
We wanted to go on a trip to USA and, as we are British, we can go without applying for a visa. But how about him? Moreover, his school will be travelling to New York in 2 years time and I am not sure whether he can go...
I will appreciate any advice. Thank you
I am new to this forum as someone said you may help with my query. I hope I am at the right place but please re-direct me if I am not.
If a youth has been charged with ABH and given referral order at the age of 13, by the time of 14 it is already spent. It is very confusing as it states that referral order is the only court judgement which does not result in a criminal conviction for the criminal behaviour and, once spent, shall not be disclosed unless applying for a job working with kids or vulnerable people. But, as I read more, it may appear on DBS checks (enhanced and standard).
This young person has never been in any other trouble and I reckon he has taken his lesson.
We wanted to go on a trip to USA and, as we are British, we can go without applying for a visa. But how about him? Moreover, his school will be travelling to New York in 2 years time and I am not sure whether he can go...
I will appreciate any advice. Thank you
Oct 25th 2017, 12:28 pm
#2
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Joined: Jun 2011
Location: UK
Posts: 4,891
Re: Referral Order in the UK at 13 and USA
Has this youth made an ESTA application yet? That really should be the first step, ensuring that the questions it asks are fully understood and answered truthfully.
Oct 25th 2017, 1:14 pm
#3
Just Joined
Thread Starter
Joined: Oct 2017
Posts: 2
Re: Referral Order in the UK at 13 and USA
Thank you for your reply. Noone of us have ever been to USA nor applied to enter the country hence why I am not sure where to start at all. So, no, the youth has not made any application yet, I am just researching. But will look then into ESTA applications then, based on your advice. Thank you
Oct 25th 2017, 2:17 pm
#4
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: Referral Order in the UK at 13 and USA
Thank you for your reply. Noone of us have ever been to USA nor applied to enter the country hence why I am not sure where to start at all. So, no, the youth has not made any application yet, I am just researching. But will look then into ESTA applications then, based on your advice. Thank you
You can apply for the ESTA here: https://esta.cbp.dhs.gov/esta/
Oct 27th 2017, 2:00 pm
#5
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Referral Order in the UK at 13 and USA
Hello
I am new to this forum as someone said you may help with my query. I hope I am at the right place but please re-direct me if I am not.
If a youth has been charged with ABH and given referral order at the age of 13, by the time of 14 it is already spent. It is very confusing as it states that referral order is the only court judgement which does not result in a criminal conviction for the criminal behaviour and, once spent, shall not be disclosed unless applying for a job working with kids or vulnerable people. But, as I read more, it may appear on DBS checks (enhanced and standard).
This young person has never been in any other trouble and I reckon he has taken his lesson.
We wanted to go on a trip to USA and, as we are British, we can go without applying for a visa. But how about him? Moreover, his school will be travelling to New York in 2 years time and I am not sure whether he can go...
I will appreciate any advice. Thank you
I am new to this forum as someone said you may help with my query. I hope I am at the right place but please re-direct me if I am not.
If a youth has been charged with ABH and given referral order at the age of 13, by the time of 14 it is already spent. It is very confusing as it states that referral order is the only court judgement which does not result in a criminal conviction for the criminal behaviour and, once spent, shall not be disclosed unless applying for a job working with kids or vulnerable people. But, as I read more, it may appear on DBS checks (enhanced and standard).
This young person has never been in any other trouble and I reckon he has taken his lesson.
We wanted to go on a trip to USA and, as we are British, we can go without applying for a visa. But how about him? Moreover, his school will be travelling to New York in 2 years time and I am not sure whether he can go...
I will appreciate any advice. Thank you
With that said, the ESTA questions aren't really designed to delve into the specifics of each case. The current question asks about an arrest for "serious harm to a person". Depending on the wording of the statute, ABH generally isn't serious enough to make an adult inadmissible. Based on this fact pattern, there is no way on "God's green Earth" that the 13yr old with an ABH is criminally inadmissible.
