surely

Hello,

I was once arrested, charged but found not guilty several years ago in the UK.

I need to apply for the US Identity History Summary Checks, and was wondering if the arrest in the UK will show up in the US Identity History Summary Checks.

Could anyone share your experience or knowledge on this matter?

Thank you!

Pulaski

UK/ European data protection laws effectively prohibit the transfer of such data to the US (or anywhere outside the European Onion).

If anyone in the US asks "have you ever been arrested" then the answer is a resounding "Yes", and the consequences of lying, assuming that the question is being asked by either the Federal government, or a contractor to the Federal government (effectively anyone who does business with/ for the us government or is licensed or regulated by a US government agency), can be severe. If connected to an immigration matter you could potentially be deported and banned from ever returning to the US!

scot47

What happened to The Fifth Amendment ? Can someone be punished for refusing to incriminate self ?

Pulaski

I don't think they can be punished for not self-incriminating, but the problem is that people don't usually decline to answer the question, they answer it with a lie.

If they refused to answer the question, as is their right under the 5th Amendment, nothing would come of it - other than they would be denied the benefit they are seeking, such as a visa to enter the US, being granted US citizenship, or a job with the US government or a US government contractor. The problem is that people don't avail themselves of the protections of the 5th Amendment, they lie, in order to secure the benefit they are seeking. Hence the problem.

surely

Thank you Pulaski for your prompt reply. I didn't know there was a such law existing. Thanks for your answer.

Pulaski

Data Protection Act 2018.

Anyone who obtains you personal data in the UK and does anything other than keep the minimum amount of data for the minimum period of time for the purpose it was obtained, enters a legal minefield.

All other countries in the European Onion have similar laws. The US has different privacy and data protection laws, such that they are not consistent with British and European laws.

carcajou

The Fifth Amendment does not apply here, and is not intended for situations like this one. It is intended to protect people from having to incriminate themselves in criminal matters through witness testimony. It does not in any way apply to questionnaires for immigration. If claimed on this application - after the clerk or agent gets done laughing, it will be rejected or returned to the applicant for a response.

I concur with the rest of what Pulaski wrote.

The US FBI check would pick up many (not all) crimes that are committed in the US - but some crimes at the state level would slip through as the FBI and the various state police services do not have a common database. That is why many organisations require both a national FBI check and a state-level police check.

Pulaski

The fifth amendment has wider applicability than that. You can be the primary suspect, arrested, and charged and still refuse to answer questions, and that is often the case. Even at trial the accused often declines to testify in their own defence, as is their constitutional right.