Caution - Criminal Record???
Aug 27th 2007, 2:59 am
#16
And YOU'RE paying for it!
Joined: May 2007
Location: kipper tie?
Posts: 2,328
Re: Caution - Criminal Record???
Hi Coppock
"Gross misconduct" is not a criminal offence. You need to find out exactly what it is that he was accused of by the police and what he admitted as a condition of the caution. Don't worry - whether he quit/resigned/was fired is of no interest to the US.
The question is whether his offence was one of "moral turpitude", as was he arrested and convicted. US State Dept listed what they consider those offences to be here, and fraud is one of them: http://foia.state.gov/masterdocs/09fam/0940021aN.pdf Wikipedia has some interesting stuff here: http://en.wikipedia.org/wiki/Moral_turpitude
"Gross misconduct" is not a criminal offence. You need to find out exactly what it is that he was accused of by the police and what he admitted as a condition of the caution. Don't worry - whether he quit/resigned/was fired is of no interest to the US.
The question is whether his offence was one of "moral turpitude", as was he arrested and convicted. US State Dept listed what they consider those offences to be here, and fraud is one of them: http://foia.state.gov/masterdocs/09fam/0940021aN.pdf Wikipedia has some interesting stuff here: http://en.wikipedia.org/wiki/Moral_turpitude
Aug 27th 2007, 6:50 am
#17
Russell Beattie
Joined: Oct 2005
Location: Eastlake OHIO (Cleveland)
Posts: 34
Re: Caution - Criminal Record???
Surely a caution is not a conviction ?
Did it involve going to court ? If not then how can you be consisdered guilty of a criminal offence ? I would liken it to getting a caution for speeding from the Police.
Did it involve going to court ? If not then how can you be consisdered guilty of a criminal offence ? I would liken it to getting a caution for speeding from the Police.
Aug 27th 2007, 7:32 am
#18
Joined: Mar 2003
Posts: 68,280
Re: Caution - Criminal Record???
Of course its a conviction ...you have to accept guilt ..its just a cheap method of justice...The important factor is how the US see it ... not how the UK handle it..The rehabiltation of Offender Act ..means nothing to the US either
Aug 27th 2007, 8:14 am
#20
Joined: Apr 2002
Posts: 35,082
Re: Caution - Criminal Record???
Thanks everyone, I think he was just cautioned for gross-misconduct. But yes we are two brits going on our honeymoon for 2 weeks. Thanks for all your help 
That last link looks a big help! Although I will make him ring the embassy to double check. Our daughter will be 18 months so don't want to risk being sent straight home, it would be so unfair for her to go on such an unplanned long flight!
Jen
That last link looks a big help! Although I will make him ring the embassy to double check. Our daughter will be 18 months so don't want to risk being sent straight home, it would be so unfair for her to go on such an unplanned long flight!Jen
Details are imporant in all this stuff. Get your information straight so you can maximize your legal consultation (which can be done by email).
Aug 27th 2007, 8:53 am
#21
And YOU'RE paying for it!
Joined: May 2007
Location: kipper tie?
Posts: 2,328
Re: Caution - Criminal Record???
You can only get a caution if you admit your guilt.
The form asks if you've been arrested for a crime of "moral turpitude", not just been convicted of one.
http://en.wikipedia.org/wiki/Police_caution
And suddenly, we all understand how immigration lawyers make their money! (although I am not one, by any means).
Last edited by lapin_windstar; Aug 27th 2007 at 8:54 am. Reason: To emphasize that I'm just some internet bozo and not a lawyer.
