US Visa Question - Found Not Guilty by Jury

[bob445]

Hi,

I have searched through existing threads on criminal records and US visas, but this situation is a bit different, so I thought I would post it in a new thread.

About eight months ago a close relative of mine was found not guilty by a jury in a QLD court on several charges. The types of charges would certainly be classed as 'moral turpitude'. For what it's worth, the not guilty verdict was very much the correct one in this case and they don't feel like they should be punished any further for something they should never have had to go through in the first place (they have already been through two years of hell leading up the the trial).

Their solicitor advised them that their arrest record is supposed to be deleted immediately and that they should be fine applying for the e-visa VWP, and that he has had their clients in the same situation, not have a problem. My concern/worry is that this would involve them having to be less than honest about the question about whether or not they have been arrested before.

A few questions I have are:
- Would the 'arrest record' have existed on some internationally available law enforcement database before the not guily verdict, meaning that the US immigration authorities will know about it (they have never applied for a US VISA-Waiver before, or any visa since the arrest)?

- Is there a risk that QLD police don't delete the arrest record?

- Is there a way to check if it has been deleted (preferably a cheaper way than having their $300+ an hour solicitor do it).

- If they chose to be honest and went down the path of going in for the interview for a visa, what would their chances be like? (they have no criminal record or any other arrests, this was their only run in with the law - aside from very minor traffic fines).

We are really in the dark about this and would appreciate any advice

Cheers,
Bob

[Dave Noble]

The person needs to contact the US Consulate and may well need to apply for a visa

Whether the person was found not guilty or not is irrelevent. The question on the form asks Have you ever been arrested or convicted. Since has been arrested , has to answer yes to that question.

Phone the Consulate line ( costs $12 ) , explain the situation and they will confirm the need for a visa or not. Given the wording of the question, I expect that the person will need one

Given that the person was acquitted, I would have thought that their chance would be very good for getting the visa approved

[bob445]

Thanks for the advice David, much appreciated.

Does anyone know if the arrest record should be erased and if US immigration would have access to it for a case involving an acquittal?

[bob445]

Bump.

Gotta travel in Feb now, does anyone have any experience, or educated guesses as to going through the VWP having been found not guilty?

Their solicitor claims they would be fine, as arrest record is completely removed and he has had other clients not have a problem...

[medhead]

The problem is not about being found guilty or not guilty or whether the arrest record has been erased. The person has to honestly answer a question that asks if they have been arrested. Has the person ever been arrested? If the answer is yes then the VWP is not relevant.

[notzac]

While I couldn't condone lying on an official US government form - have your relative go to the police and request a copy of their police records.

There are different "versions" of police records - I believe the 'personal' type shows absolutely everything on record, so that would probably be the best way to identify whether their records have been entirely wiped clean or not.

[bob445]

Thanks notzac, I will get him to contact QLD Police for a copy.

I understand no one condones lying on an immigration form, but there are countless threads discussing conviction and arrest records and how people might still be able to use the VWP if they don't appear on the record.

Cheers.

[samh004]

When you apply for a police check, make sure you fill everything out really clearly. I did, or so I thought, the check came back clear, but they spelt my name wrong, out by one letter. They’re not that smart