US Visa question - Regarding court findings

[stevereilly30]

Hey guys,

Can someone help me with my question, it's fairly urgent

I'm currently in the process of applying for a US visa online.

In 2003 I was found guilty without conviction of shoplifting and in 2001 I was given a police caution for theft.

Do you think that i'm required to disclose the details of the caution? Or should i just leave it out of the application. I've been searching around the police websites regarding the National police certificate and it is very unclear as to if cautions are released on them?

Any help would be greatly appreciated!

Cheers,

Steve.

[munitalP]

I don't believe cautions are recorded / released.

Look at it this way - If you disclose, you wont get in, if you don't disclose and they do find out, you'll never get in...

IMHO, I would run the gauntlet on option 2, but hey thats just me and I am not advising you to do so...

Mr!

[Maca44]

First, were you arrested, and/or were you fingerprinted because the only entries for arrests that can be checked is through fingerprints. If you were only cautioned, and not fingerprinted, there is no way authorities could check on you and I would feel confidence not disclosing it. The crux of the matter rests with the question were you 'arrested'.

[thewinchester]

This and similar questions have been asked and answered. When in doubt, the rule of thumb is disclose and ask the question. Consensus is that its better to be honest and upfront than fail to disclose.

[Dave Noble]

In 2003 I was found guilty without conviction of shoplifting and in 2001 I was given a police caution for theft.

Do you think that i'm required to disclose the details of the caution? Or should i just leave it out of the application. I've been searching around the police websites regarding the National police certificate and it is very unclear as to if cautions are released on them?

Yes for 2003. Although a conviction was not recorded that is irrelevent to US authorities ; you were found guilty

For 2001, were you arrested? If yes, then yes you need to disclose

Dave

[stevereilly30]

Thanks for all the replies,

I was finger printed, but after about a week the police decided to just give me a caution for the first crime. I was only 15 at the time and the second offence i was 17. I guess i should just tell them about both of them? Do you think having a caution and a guilty finding will hurt my chances of getting a visa? It's been almost 7 years since my last guilty finding so i'm really hoping they look kindly on me.

Steve.

[stevereilly30]

Yes for 2003. Although a conviction was not recorded that is irrelevent to US authorities ; you were found guilty

For 2001, were you arrested? If yes, then yes you need to disclose

Dave

I don't know about 'arrested' as such. I confessed to the police so i'm not sure if it's still classified as arrested.

After reading all of the forums ect, it seems honesty is the best policy, but i really hope they don't hold it against me for telling them about two crimes even though there was no guilty finding on the first.

[Hvr]

Do you have access to a community law centre or something similar? They may be able to give you specific advice based on your actual circumstances.

Uni's often have them for their students as do unions if you're a member.

[stevereilly30]

Do you have access to a community law centre or something similar? They may be able to give you specific advice based on your actual circumstances.

Uni's often have them for their students as do unions if you're a member.

Hmm I am a uni student, i will have to look into it. The bad part is i've already got the plane tickets for my gf and me.

Are you sure i wouldn't get the visa if they find out about 2 crimes? 1 being a caution?

[stevereilly30]

Do you have access to a community law centre or something similar? They may be able to give you specific advice based on your actual circumstances.

Uni's often have them for their students as do unions if you're a member.

I might try talking to someone from legal aid, not sure if they will be able to shed any light on it. It should be a bit more clear, surely a caution given when i was 14 or 15 shouldn't count!...