information on criminal records?
May 9th 2007, 6:57 pm
#1
Just Joined
Thread Starter
Joined: May 2007
Posts: 3
information on criminal records?
Please can anyone help with information on criminal records?
3 years ago I was falsely charged with touching my stepdaughter; she wanted her mother to be with her father.
She fed false information to her mother who without my knowledge who started co-habitating with the x boyfriend. Later she left home with my three children to live with him, then about one month later I was arrested for the alleged allegations.
They were withdrawn and no case was ever brought against me.
I now have a new fiancée we plan to marry as soon as I can get to the USA will this stop my application
But the it still remains on police record.
3 years ago I was falsely charged with touching my stepdaughter; she wanted her mother to be with her father.
She fed false information to her mother who without my knowledge who started co-habitating with the x boyfriend. Later she left home with my three children to live with him, then about one month later I was arrested for the alleged allegations.
They were withdrawn and no case was ever brought against me.
I now have a new fiancée we plan to marry as soon as I can get to the USA will this stop my application
But the it still remains on police record.
May 9th 2007, 7:17 pm
#2
Forum Regular
Joined: May 2006
Posts: 198
Re: information on criminal records?
Please can anyone help with information on criminal records?
3 years ago I was falsely charged with touching my stepdaughter; she wanted her mother to be with her father.
She fed false information to her mother who without my knowledge who started co-habitating with the x boyfriend. Later she left home with my three children to live with him, then about one month later I was arrested for the alleged allegations.
They were withdrawn and no case was ever brought against me.
I now have a new fiancée we plan to marry as soon as I can get to the USA will this stop my application
But the it still remains on police record.
3 years ago I was falsely charged with touching my stepdaughter; she wanted her mother to be with her father.
She fed false information to her mother who without my knowledge who started co-habitating with the x boyfriend. Later she left home with my three children to live with him, then about one month later I was arrested for the alleged allegations.
They were withdrawn and no case was ever brought against me.
I now have a new fiancée we plan to marry as soon as I can get to the USA will this stop my application
But the it still remains on police record.
May 9th 2007, 7:24 pm
#3
Lost in BE Cyberspace
Joined: Oct 2003
Location: Avon Lake, OH
Posts: 5,270
Re: information on criminal records?
Unless you have been charged with an offence you do not have a criminal record and therefore you have nothing to declare to the USA. The PNC Police National computer deals only with facts of conviction or caution not allegations. The information about your arrest will be held on local file with the police force that dealt with you only.
May 10th 2007, 1:25 pm
#4
Forum Regular
Joined: May 2006
Posts: 198
Re: information on criminal records?
The information I provided is true and acurate...... however if the application ASKS for arrests then obviously it would need to be declared! I was not attempting to mislead you in anyway. Sorry
May 10th 2007, 6:48 pm
#5
Guest
Posts: n/a
Re: information on criminal records?
On Wed, 09 May 2007 19:17:58 +0000, chmaiden
<[email protected]> wrote:
>Unless you have been charged with an offence you do not have a criminal
>record
He says he was charged but not convicted, your answer is from my experience
not correct in all cases.
When a person is charged at that point a PNC entry is created. Certainly on a
PNC checks I have done in recent times I have come across quite a few
instances where the PNC record still exists in the normal way for a person not
convicted of the offence. It shows in the result field how the case was
disposed of, ie found not guilty or not proceeded with so these are not
mistakes and were on records for people who both had and did not have previous
convictions. Therefore such cases would certainly show on the print out people
obtain for visa applications.
Just for the record I had 27 years experience as a PNC operator
--
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup
<[email protected]> wrote:
>Unless you have been charged with an offence you do not have a criminal
>record
He says he was charged but not convicted, your answer is from my experience
not correct in all cases.
When a person is charged at that point a PNC entry is created. Certainly on a
PNC checks I have done in recent times I have come across quite a few
instances where the PNC record still exists in the normal way for a person not
convicted of the offence. It shows in the result field how the case was
disposed of, ie found not guilty or not proceeded with so these are not
mistakes and were on records for people who both had and did not have previous
convictions. Therefore such cases would certainly show on the print out people
obtain for visa applications.
Just for the record I had 27 years experience as a PNC operator
--
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup
May 11th 2007, 4:01 am
#6
CA to TX to Jamaica
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
Re: information on criminal records?
Unless you have been charged with an offence you do not have a criminal record and therefore you have nothing to declare to the USA. The PNC Police National computer deals only with facts of conviction or caution not allegations. The information about your arrest will be held on local file with the police force that dealt with you only.
May 11th 2007, 7:15 am
#7
Just Joined
Thread Starter
Joined: May 2007
Posts: 3
Re: information on criminal records?
I made slight error I was not charged
I was not charged by the police, only asked to surrender myself for
questioning which is what I did, the police did not charge me, I was only
arrested.curse:
COMMITTED ON BAIL : NO
1 COURT : NFA NO COURT APPERANCE
PLEA : NOT KNOWN
ADJICICTION : NO ADJICICTION
DISPOSAL : NFA NO COURT APPERANCE
What are my chances of refusal:
I was not charged by the police, only asked to surrender myself for
questioning which is what I did, the police did not charge me, I was only
arrested.curse:
COMMITTED ON BAIL : NO
1 COURT : NFA NO COURT APPERANCE
PLEA : NOT KNOWN
ADJICICTION : NO ADJICICTION
DISPOSAL : NFA NO COURT APPERANCE
What are my chances of refusal:
May 11th 2007, 10:35 am
#8
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: information on criminal records?
Since there are only two possible outcomes, your chances are 50/50.
Having an arrest record won't usually, by itself, cause the door to slam shut. However, since your arrest is for allegedly molesting your stepdaughter... well, that sort of thing doesn't go over well in the US. Whether the allegation is true or not, it's likely going to be questioned by USCIS... moreso than if you were arrested for shoplifting.
Ian
Having an arrest record won't usually, by itself, cause the door to slam shut. However, since your arrest is for allegedly molesting your stepdaughter... well, that sort of thing doesn't go over well in the US. Whether the allegation is true or not, it's likely going to be questioned by USCIS... moreso than if you were arrested for shoplifting.
Ian
May 11th 2007, 6:49 pm
#9
CA to TX to Jamaica
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
Re: information on criminal records?
Having an arrest record won't usually, by itself, cause the door to slam shut. However, since your arrest is for allegedly molesting your stepdaughter... well, that sort of thing doesn't go over well in the US. Whether the allegation is true or not, it's likely going to be questioned by USCIS... moreso than if you were arrested for shoplifting.
Ian
Ian
May 11th 2007, 8:32 pm
#11
CA to TX to Jamaica
Joined: Jun 2003
Location: Location, Location.
Posts: 4,887
Re: information on criminal records?
If what the OP says is true I don't see anything in the Adam Walsh law that would apply to him. Unless he's planning to DCF.
May 11th 2007, 8:35 pm
#12
Forum Regular
Joined: May 2006
Posts: 198
Re: information on criminal records?
May 11th 2007, 11:25 pm
#14
Guest
Posts: n/a
Re: information on criminal records?
On Fri, 11 May 2007 15:35:38 -0500, chmaiden
<[email protected]> wrote:
>> guys - that was my wife replying there - a police detective for the
>> past 15 years so i think that she knows what she is talking about!
I was a serving police officer for 37 years a lot of that as a Detective on
Special Operations at NSY, I am afraid she doesn't know what she is talking
about because she is only telling part of the story.
She is incorrect in those cases where the arrest/charge record is showing on
the PNC but the person wasn't convicted. When the PNC was first started and
for a great many years the entry was always deleted if a person was not
convicted of the offence. But in the last few years, as I said before, I have
seen numerous PNC entries where the person clearly wasn't convicted but the
arrest/charge still shows on their PNC record with the Disposal History.
The Disposal History page is the one that shows details of all previous
convictions but, at the risk of keep repeating myself until the penny drops,
in some cases it will show the record where a conviction wasn't obtained. It
bears repeating because this is one of the pages used to generate the Police
Report submitted to the US Embassy. Therefore until someone in the
circumstances of the OP sees their Police Report they cannot know if they
might be unfortunate enough to be in the small minority of cases that fit this
description. A small minority it might be but it could cause someone real
problems if they get caught out by relying on well meaning but incorrect
information given on this board.
I was a PNC Operator, PNC Supervisor and PNC Trainer for a great many years so
do have more knowledge of the bugs in the system than most police officers.
Personally I don't think this is a bug but a change of policy by some police
forces to use the PNC to record arrest/charges where the person wasn't
convicted, in light of criticism following the Soham murders.
--
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup
<[email protected]> wrote:
>> guys - that was my wife replying there - a police detective for the
>> past 15 years so i think that she knows what she is talking about!
I was a serving police officer for 37 years a lot of that as a Detective on
Special Operations at NSY, I am afraid she doesn't know what she is talking
about because she is only telling part of the story.
She is incorrect in those cases where the arrest/charge record is showing on
the PNC but the person wasn't convicted. When the PNC was first started and
for a great many years the entry was always deleted if a person was not
convicted of the offence. But in the last few years, as I said before, I have
seen numerous PNC entries where the person clearly wasn't convicted but the
arrest/charge still shows on their PNC record with the Disposal History.
The Disposal History page is the one that shows details of all previous
convictions but, at the risk of keep repeating myself until the penny drops,
in some cases it will show the record where a conviction wasn't obtained. It
bears repeating because this is one of the pages used to generate the Police
Report submitted to the US Embassy. Therefore until someone in the
circumstances of the OP sees their Police Report they cannot know if they
might be unfortunate enough to be in the small minority of cases that fit this
description. A small minority it might be but it could cause someone real
problems if they get caught out by relying on well meaning but incorrect
information given on this board.
I was a PNC Operator, PNC Supervisor and PNC Trainer for a great many years so
do have more knowledge of the bugs in the system than most police officers.
Personally I don't think this is a bug but a change of policy by some police
forces to use the PNC to record arrest/charges where the person wasn't
convicted, in light of criticism following the Soham murders.
--
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup
May 12th 2007, 12:10 am
#15
Concierge
Joined: Apr 2001
Posts: 46,392
Re: information on criminal records?
He doesn't have to apply for DFC for it to apply. As long as he is outside of the US and having to apply for a visa to enter the US, i.e. K-1, he will be scruntized harder because of this accusation. He needs the records, if possible, and it would help to have a letter from the child stating it was a fictious accusation.