Criminal Record
 

I have just submitted my EOI but am terrified of being rejected due to a criminal record. Can anyone tell me from experience if they have been accepted with a criminal record. I was guilty of common assault 7yrs ago when I smacked the girl (ex-friend) who I found in MY BED with MY HUSBAND. Anyway she pressed charges and I got a 12month conditional discharge. Never been naughty since but.... didn't realize how much a criminal record would affect my every day life (I am a nurse and have to declare my record at every turn)... well? you think I will get in or no?

Re: Criminal Record
 

According to the Rehabilitation of Offenders Act 1974 your conditional discharge will have been shown as 'spent' after the 12 month period. I may be wrong but I think the Subject Access form you submit for the police check will only show basic disclosure, which means only those offences held on the PNC that are not spent, so you should be ok. However, you could try posing the question to the Criminal Records Bureau at http://www.crb.gov.uk. Hope this helps.
StevieB

Re: Criminal Record
 

Good on you for hitting her by the way. I beleive that is the RIGHT thing to do. I hope there are no kids reading this. I would certaily hit the guy if it were role reversed.

Re: Criminal Record
 

Good on you - am sure I'd have done much worse.

I'm expecting mine back soon and am worried. Neighbours served a "Protection of Harrassment" order against me because I erected a floodlight on the wall of my house that was allegedly pointing at their house, wheel spinned outside their gate, and shouted at them (was bit pickled) at 1am when they were having a party! OOOOO, get me, Master Criminal!! Will let you know what comes back on mine.

Was led to believe from notes I read that iwhatever comes back it will only have an effect on you getting in if you have spent time in prison.

Try not to worry

Re: Criminal Record
 

We had a very similar problem when we came to apply for Residency. My husband had been convicted of assault about 15 years ago. He was fined I think. We had to get the police record and he had to write a letter explaining what happened. Because it was so long ago and for such a minor offence it was ok. Sounds as if your situation is very similar so you should be ok.

Re: Criminal Record
 

This will show up on your police check, and also on your CRB but all is not lost! I also have a criminal record from years ago and am also a nurse. You will have to explain what the crime was, and the circumstances surrounding it, both with immigration and the NZ nursing council. But don't worry, you'll be fine and shouldn't have any problems with either. Its suprising how many people do have a criminal record, and its usually something silly we've done in the heat of the moment! Hope this puts your mind at rest?
Oh, and good for you for hitting her, hope you hit your husband even harder!! ;)

Re: Criminal Record
 

Thanks to you all for replying - certainly I feel easier about it all now, lets hope everyone in authority are as generous and understanding as you guys on here.
By the way, I failed to mention that after I hit her, I put a cold compress on her face, gave her some tea and apologised!!! 6 weeks later when my husband lost interest in her - she went to the police and complained! Oh well, I have since changed my husband for a better one and hopefully will soon be changing my life drastically if NZ will take us. Thanks StevieB for the link to the crb website - very useful. Good Luck to those of you still waiting to hear.

Re: Criminal Record
 

CRB disclosure is of no use to you - at present NZIS don't understand them and in any case you can only get a CRB disclosure via a registered body, not as an individual. All you need is a "subject access request" from your local police force which, at £12 (I think) is about a third of the price of the cheapest CRB disclosure.

Laurence

Re: Criminal Record
 

On a lighter note--anything recorded by the Osmonds

Re: Criminal Record
 

I have a breach of the peace when I was studying and had a drunken cone stealing or moving incident and was given for my, what I thought at the time good helpful efforts, the police were in their car watching us probably laughing.

Anyway when I applied for my police record it showed this, obviuosly my wife found this funny as I had never told her and had really forgoten it, I came on here asked the question and everyone else found it so funny.

To finish the story, I sent it in and never had any queries on it had to make no explanation or anything, my PR was passed within 14days of submission.

Just be honest about it, although I do think they are really wanting to know if you murdered anyone or robbed banks or rapists serious crimes, timespent in prison etc.

Good luck you fellow crim. :)

Re: Criminal Record
 

Correct. And the phrase used on the immigration application form is convictions, not "criminal record". The former is an independent determination of guilt of a criminal offence by a competent body. So a court appearance and being found guilty: a conviction. A parking fine, an ASBO, whining from neighbours about floodlights, or whatever: not a conviction.

The concept of "spent" is not one INZ accepts: UK law doesn't apply to your application and in particular not to the declaration of convictions. Past misdeeds may be scrubbed from the police national computer after 5, 10 years or never depending on the crime and the subsequent behaviour and so might not turn up on the police certificates.

K.

Re: Criminal Record
 

Bloody marvellous,woman.I'd have broken both their necks!!
Just had this conversation on another thread,arrested 4 times for assault (didnt do it),break/enter car (did,but only to sleep in it!!),shoplifting (was 14,was lucrative til caught),and drink drive-same as you-Charge Nurse,regularly declare the lot,people from Emigration Gp said should be no probs.
When you get out we'll form the Britishexpatsexcrims forum!! Danny

Re: Criminal Record
 

I was arrested three years ago for stealing a newspaper along with my then boyfriend (now hubby) whilst drunk...is there a theme here :rolleyes: and nothing showed on our police checks.

Probably not much help to anyone but about as silly as your cone incident !!!

Jac

Re: Criminal Record
 

Hello this is my first posting and I stupidly pleaded guilty to common assault a few years ago 8 to be exact. Its a long story but fairly similar to yours I was six weeks pregnant at the time but with out the slap part I am embarrassed to say I spat in the woman's face. I promise I have never ever even had a parking ticket, speeding ticket or anything else nothing. The thing is the police pressed charges locked me up even though I was pregnant chucked me in the back of a police van even though they had a car available and took me to the magistrates court. I was so upset I pleaded guilty I sat and sobbed through the whole thing the judge said she felt really sorry for me. I got no fine and was charged £25.00 court costs . Who said the police are harsh.They catch real criminals.
Any way my wonderful new husband and I want to emigrate to canada and are relived to here it may not affect us.
Am I right in thinking if its not on the police report I do not need to declare it.


Thanks. Sandra

Re: Criminal Record
 

Meant to reply ages ago - totally forgot. Mine came back all clear - am sure it's criminal convictions etc so you should all be fine! Amazing how many naughty people are out there eh?! And all so nice with it!!