Passenger68

Hi all,

I have not got very far with the Embassy so thought I would try here.

Back in April 1994 I got arrested (Clearwater, Flordia) while I was a passenger in a car that was stolen from the front of a hotel, and returned about 8 minutes later (don't ask, too much to drink). I had no idea it was stolen but obviously that made no difference.

After 3 days I got bail and flew back to the UK, and was informed by the bail-bond lawyer that all charges were dropped and it was considered a misdemeanor.

I travelled to the US about 22 times until I left the company I worked for, always filling in 'no' on the green form (thinking that was correct as all charges had been dropped).

Back in 2001 I flew on a holiday to Hawaii and got held in LA for 8 hours, they said my passport came up that I was a 'felon' and so would be sent back to the UK. I argued what had happened and luckily one of the officers hit 'page down' on the computer and saw the full amount of information held on the computer (I have no idea what it said) and was allowed to stay, even tho three other officers said 'send him back to teach him a lesson - nice!'

I have not travelled to the US since as I fear the same will happen. I have read a lot of posts on here as to should I tick 'yes' or 'no' on the form, however if I arrive at immigration and the same thing happens i could be sent back.

The officer said I should tick 'yes' as I was arrested, but when I said all charges were dropped they had no answer.

I 'think' I was arrested for Grand Theft Auto (I was told there was no 'joyriding')

I guess my main question is what do I do. I know it was stupid, but as a passenger should this happen. I guess thats in the past so its what to do now.

Is there any way to get my records changed in the US to reflect what happened instead of coming up with 'felon'?

I called the US Embassy in London, and was told even if I got a visa I could fly and still not be allowed to enter by immigration.

Any help would be great.

Folinskyinla

Hi:

Florida criminal records are available on line if there is a court case. I don't know how far back they go.

Passenger68

I actually wrote to Pinellas County PD to try and get more information, all I got was the original photo, and an A4 page with a load of codes on it which made no sense. I am now in Australia and that bit of paper is back in the UK.

I am not 100% sure that it went to court, if I remember the police advised the owner that as the car was returned undamaged etc etc it would be easier as the costs/time/paper work involved.

I have spent hours Googling to find out more and the guy who handled it also does not appear under any searches, even on the address. Is there a list somewhere of 'attorneys at law'?

Were you suggesting to look on line to find out what the case was?

Passenger68

Hello again,

I just went back in have actually found my record. Not sure what i did wrong last time. It was 'Compliant and Advisory - Grand Theft Auto'.

What is more worrying it does not seem to have a 'closed' part to it. The last entry in the records has 'No Information Filed'

Anyway, any advise appreciated.

Folinskyinla

Hi:

Which one is true -- the first sentence or the last sentence? What makes you think the last sentence is not true?

Just curious.

Passenger68

Sorry, you have lost me.

Folinskyinla

Hi:

You had two sentences.

The first was "What is more worrying it does not seem to have a 'closed' part to it."

The second was "The last entry in the records has 'No Information Filed'"

You state a conclusion in the first sentence. And then you flatly contradict it in the second.

Accordingly, you have lost me.

Ray

The FDLE site may help

warrant search here

http://pas.fdle.state.fl.us/pas/pers...ersonsSearch.a

Folinskyinla

Hi:

Interesting site. However, OP is being quite confusing. I would like clarification from him.

Ray

It is ...
I just saw one of the wifes relatives has an outstanding warrant ...

ian-mstm

It is the officer's job to keep non-US citizens out of the US.


Being sent back is *always* a possibility... even for someone with a visa; even for someone with a Green Card. Only a US citizen has the right of entry to the US. Now... that said, you can't win if you don't play the game.


The question on the I-94W reads, "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

Now... the question does *not* ask if you have ever been arrested. It asks whether you have ever been arrested ... for an offense or crime involving moral turpitude. The unanswered question, is whether or not what you did was considered a crime involving moral turpitude (CIMT). That is what you need to find out.

For more info, look here: http://britishexpats.com/forum/showp...47&postcount=1.


You're joking, right? That's not going to happen.


Yup... that's true! See my first two comments.

Ian

Folinskyinla

Hi:

In looking at Ian's response, I see that you are again contradicting yourself. What do you want? Do you want to reflect "what happened" or do you want the "felon" or "felony" part stricken? You do note exactly what happened and the court records may be consistent with what you say -- but then again maybe not.

Rather than confusing non-professionals on an internet forum, perhaps you want to consult with a lawyer in a consultation. Unfortunately, your postings are internally self-contradictory, sometimes between clauses in the same sentence.

I may be a lawyer, but I am not YOUR lawyer. Perhaps YOUR lawyer can look at the actual paperwork and advise you about it. But for now, you are being extremely unclear. If you cannot be clear, then it is impossible to even begin to give you a clear answer.

Good luck.

Passenger68

Sorry, I did not think I was being unclear.

What I want is to be able to fly to the USA, to visit friends, and that is it.

The other information was asking questions, which may appear stupid to some, but when you have no experience of what is and is not possible, you tend to ask 'stupid' questions.

I realise what I did in 1994 was stupid and a huge mistake, what I am trying to do now is rectify that.

The question I had relating to what was on the 'system' was that if it was wrong, for what ever reason, could I get it corrected. It seems the answer from Ian-mstm is clear on that.

The reason for posting was to get advice;
- If anybody had had a similar problem, i.e. arrested then charges dropped.
- If anybody had information changed.

I read around the site and thought a posting might help me, there is no intention of trying to confuse non-professionals and I thought this would be a good place to start before I start down an expensive route of seeking legal advice.

I am currently in Brisbane, and travelling to London, potentially via LA in Feb 09 which is why I am trying to get some information. Sydney is the closest US Embassy, so if I need to go there, make an appointment and ask for a VISA then that is what I will do.

Marocco

What Mr F. is trying to say here is that "No Information Filed" means that the case is closed (i.e. the prosecution did not seek an indictment).

Folinskyinla

Hi:

Sigh. You earlier posted that you had a copy of your record with following description:

"The last entry in the records has 'No Information Filed'"

Do you have that record? Is that what the record says? But then you keep wanting to change the record to show other than you were "arrested then charges dropped."

Although you are not my client, I will pass on a question that I often ask a potential client "What do you want?" I find that it often helps clear up things.

Your postings seem to indicate on one hand that you know the answer, but you don't like it.