rugbyadam

Hi all,

I was wondering if someone can help with a question around criminal record and L1 Visa application.

I have never been in trouble with the police but five years ago I was asked to attend a voluntary police interview to answer a very minor allegation against me.

I was NOT formally arrested and I was only interviewed voluntarily at the police station. A month later the police said they did not take any formal action. I was not cautioned, as this would have been a potential outcome if they felt I was guilty.

On the L1 visa application (ds160) I said I have never been arrested or convicted, which in my head is true. Especially as being arrested or cautioned is formal process.

I have applied for a police certificate to check if I have a record. Feel it should be clear but a bit anxious about it.

Does anyone think this would show up on police record or should be declared to embassy? Seems like a bit of a grey area.

S Folinsky

Any particular facts which make you think you were arrested or convicted? Just curious.

Out of idle curiosity were you given the UK version of what Americans call a “Miranda warning.” (“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”)

rugbyadam

I was given the standard caution ahead of the voluntary interview, outlining what I could say could be used against me at a later date, but not given a formal caution as a warning. They took no action.

I do not feel I have been convicted of anything and did not admit to the offence through a formal caution or punishment.

The accusation was false and I had to give my side of the story. My understanding is that formal cautions, arrests or charges are on police record. However it is not clear cut whether an interview with police, without any sort of conviction, would be recorded.

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lansbury

The interview will be recorded in the case record. Going by what you say you do not have a conviction so there should be no record on the PNC, spent or not. A voluntary interview under a PACE caution is not an arrest, in fact the officer should have told you, you were not under arrest, you have the right to free and independent legal advice, and you may leave at any time when they cautioned you. If what you say is correct IMO you answered the questions on the application correctly.

rugbyadam

Thanks for follow up!

I checked with Acro and they were very helpful. This answer may be useful for others. They said only convictions appear on certificate (formal caution will show). Whereas a subject release will show any allegations and interviews. The US want to know if you were actually convicted or you admitted a crime via caution.

My certificate is in the post today, 12 hour processing, which is probably a good sign. We'll see what they say.

tht

did they change the DS-160 question?

The one I am familiar with is:

”Have you ever been arrested or convicted for any offense or crime, even though subject to a pardon, amnesty, or other similar action?”

Which encompasses a little more than you are indicating.

rugbyadam

It is a good point.

Still not sure if someone who is arrested but no further action taken would show up as a trace. My guess is they might.

In my case I had a voluntary interview and was never arrested / charged / convicted. The whole thing was dropped. However I am sure there is probably a record on my subject release because police record every interaction with them at a local level.

Crossing fingers that police certificate says no trace.

lansbury

I answered that for you above.

tht

It is not about if it shows up or not..it is about telling the truth on the form… don’t assume that the document you supply is the only data they have access to… if you have been arrested you can tick yes and explain it was mistaken identity or no action was taken in the free text box below..

excpomea

Had a similar situation myself when applying for green card via marriage to an American citizen, this was you 21 years ago. A neighbor made a very serious accusation against me.
Police were called, 2 arrived. Cautioned me and took statements.

Turns out the woman had history and was suffering from depression. She had been moved from a previous military housing because of accusations she had made, all false.

I think the woman was delusional. But anyway, I did check with the American embassy at the time. They said not to mention it as I was not arrested or convicted.

LegalEagleTX

A caution itself is neither an arrest nor conviction, but it is an admission of a crime. Only certain questions on the DS160 go to whether you have committed a crime, the main one is whether you have ever been arrested or convicted. Attendance of a voluntary interview is, also, not an arrest. If for whatever the voluntary interview appears on your Police Certificate, I can't imagine why unless there is something more to it, you can write to the relevant Chief Constable and ask for it to be removed from your record.