Blurb

Sorry if I have confused you. I was definitely physically arrested and I was told I would issued with a police caution. However after receiving my certificate and phoning the local police authority I have been told I have no police caution at all (that is a fact). Therefore as far as I am concerned I cannot declare a police caution as I clearly do not have one.

Blurb

My plan could fall down at that point, I admit!

Noorah101

But you WERE arrested. So you have to declare that.

Blurb

Yes I think so and will do so if advised to.

meauxna

Advised by whom? Are you going to speak to a lawyer about it, or? Don't want to misunderstand again.

A caution requires you to agree, and sign for it, yes? Essentially acknowledging your responsibility for the Danny Boying, or whatever.
That is the same as an arrest and conviction in the US. Us immigration being based on US law, they tend to look at how the US would categorize the 'incident'.

If you search on 'caution' in this forum, you might be able to find out how to get the records you need. They might be with the court, or they may well not exist any more. That has been a very rare situation.
There really has been a ton of good stuff posted on this.

Blurb

I will seek advice from the lawyers dealing with my visa. Have just found this information out so have not had a chance to ask.

It is correct that a caution requires you to sign for it from what I gather from this forum. However I could not tell you for definite if I did sign for anything as it was ten years ago and I was worse for wear. All I know now is (having checked with the police and having received an official ACRO certificate as specified on the US embassy website) that there is no record of me being issued with a caution despite leaving the police station ten years ago with the vague feeling I had been cautioned.

meauxna

The only reason I'm not just letting this drop (and I will now) is because you might have longer term aspirations for the US. If you definitely don't, maybe the less said from here on is the best.
If you do, remember that confession is good for the soul.

Folinskyinla

Hi:

No intention to be rude -- but I've learned that unless I see an official document from the relevant authorities saying no record exists, I do not believe my clients when they say "no paperwork exists."

Blurb

No offence taken. However my ACRO certicate is an official document from the relevant authorities which proves I have never been issued with a caution. If I had been issued with a caution my certificate would state No Live Trace. I have had this confirmed by a ACRO representative.

My arrest is a different matter and I will be trying to clarify that today and hopefully produce something official. All I know currently is that after a phonecall with the local police is that there is no record of my arrest.

Just to reiterate I am not trying to pull a fast one but these are the cards I have been dealt.

Kayleigh_C

I believe in these circumstance you will need to contact Scotland Yard to obtain (or perhaps not - depending on whether it has ever been documented) this type of information.

AlanR

In terms of the police record, you'll be able to obtain from the relevant police force (the data protection department) a letter stating something like ' due to retention guidelines no records exist' or something to that effect - this document will help you enormously It depends on the county that the offense occurred how this takes place in terms of the request. I can only comment on Essex where there is an A95 and A96 form - a Google search will help here.
The relevant act is Section 7 of the Data Protection Act 1998 - Subject Access.

AlanR

This police record search + letter can actually be a pretty quick process -especially if you 'phone or deal by email.

Ray

Not quite true ... there is no record for the years they checked
which may have been 5 or 10 years back and no further

Blurb

I explained my situation including the year of my arrest to the ACRO representative and I was informed if I had been cautioned my certificate would read No Live Trace and not No Trace

Blurb

Thanks for the advice Alan. Unfortunately I have been told I cannot receive this info quickly and I should allow 40 days should I apply.