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!...

 

[Hvr]

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!...

I have absolutely no idea what will or won't happen. That is why I have suggested you speak to a legal professional.

 

[stevereilly30]

I have absolutely no idea what will or won't happen. That is why I have suggested you speak to a legal professional.

OK thanks for your advice, will do.

 

[Maca44]

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!...

I think you are correct..that the caution given when you were 15 would not count, however, it is the matter in 2003 that should be your main concern as you were "arrested, charged and fingerprinted".

You have also broken the cardinal rule of booking flights for you and your GF before getting a visa.

 

[markis10]

I dont think offences committed when your under 18 has really been discussed before, and may in fact be treated differently, I beleive some states scrub the books at 18 of all priors (WA???) but could be wrong.

 

[Dave Noble]

I dont think offences committed when your under 18 has really been discussed before, and may in fact be treated differently, I beleive some states scrub the books at 18 of all priors (WA???) but could be wrong.

It doesn't matter how Australia wants to treat it, what matters is what the US asks for. They have nothing I have seen stated saying that offences before age 18 do not have to be declared

 

[markis10]

It doesn't matter how Australia wants to treat it, what matters is what the US asks for. They have nothing I have seen stated saying that offences before age 18 do not have to be declared

I understand your point about the US (I was using WA as an example not limiting my question to Aus), but surely what data can be provided to overseas agancies also matters, transfer of personal information like this would surely have caveats to cover areas such as responsibility for your actions at a certain age? And I was wondering what the US considers to be an age that you are fully responsible for your actions, hence my post?

 

[davidj-bell]

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.

If you want my honest opinion, I wouldn't mention any of these.
If you try to get a visa, it will take months.

If you have not received a conviction (I think you mean no conviction was recorded?), then it shouldn't be on any records (if I understand the system correctly). Also, such records should disappear after a certain time anyway, 7 years?

Get your police report to see what's on your record. From memory, I think you can ask for your private one that shows everything, not the public one.

Once you know what's on your record, then you know what the US government will see.

 

[davidj-bell]

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.

If you were under 18, my understanding is that all records are destroyed when you turn 18?

 

[davidj-bell]

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?

They will hold it against you, and you won't get a visa for months (if you do get a visa - they may reject it, in which case you'll have even more difficulty getting in next time to other countries, countries don't like it if you've been denied a visa in another country). If you've bought tickets and you have to get a visa, I'd be talking to your travel agent about changing dates. Your flight will leave months before you even get an interview with the US consulate.

 

[Dave Noble]

They will hold it against you, and you won't get a visa for months (if you do get a visa - they may reject it, in which case you'll have even more difficulty getting in next time to other countries, countries don't like it if you've been denied a visa in another country). If you've bought tickets and you have to get a visa, I'd be talking to your travel agent about changing dates. Your flight will leave months before you even get an interview with the US consulate. .

What evidence do you have to base such an assertion about whether the visa would be approved?

Getting a visa interview ime takes a few days to arrange in Australia

Dave