Proof of arrest

[Gamedude]

I cannot use the visa waiver as I was arrested 17 years ago afer being a passenger in a stolen car ( I didn't know the car was stolen at the time as it was a lift home). I was fined for being there. I have never been in trouble since.

I have paid to see if I have a criminal record as the police said it should be clean after 10 years. Do I need proof at the embassy about this arrest and if so how would I get the proof if the police cannot find the details?

It is so confusing to me so any ideas appreciated.

[florida4sun]

To be 100% sure of what you need call the embassey. People will gladly give helpful advice on here but you to be 100% sure of what you need before going down there.

[E. Cosgrove]

Did you attend a court? If so they may be able to provide you with a memorandum of conviction which is what the embassy will ask for.

[amy]

I would sat that you would be Ok to use the visa waiver if this is the only time you have been arrested,

Here is a link to a sample form

http://www.orlando-guide.info/forums/topic_14753.asp

and it mentions being arrested twice.

[blott]

Mmm, the visa waiver form has a lot of "OR" in it, ie 'Have you ever been arrested OR convicted for an offense or crime involving moral turpitude OR....'

The American Embassy website has a much clearer definition at http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the visa waiver program. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

Note: Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified.

As has been said before, it's probably best to ask the American Embassy about your particular situation.

[trevlad]

i know we have had threads on this in the past but looking at what adam says. he was 'convicted' in court because he was fined. probably for ' allowing to be carried..' as it was then. no one ever really believed the defence of - 'i didnt know it was stolen' and this with other things led to a change where all occupants were charged with twoc(taking without consent). none of these in my mind however, come under moral turpitude

turpitude is depravity or vileness and whilst you could describe a twocer(car thief) as vile i would think this lends itself to more sexually based offences or even perhaps animal cruelty etc

looking at that link thread it does say arrested or convicted of 2 with total sentence(possible) of 5 years.
if adam hasnt been arrested for anything else, even if not convicted then i wouldve thought he should be ok .

i know we always err on the side of caution and suggest contacting the embassy, cos in the end its better to be safe than sorry, but it at the end of the day, it comes down to a decision by the individual[msnwink]

[blott]

The phrase 'moral turpitude' has been discussed on here before and has a different definition to the one you gave for just the word 'turpitude':

Main Entry: moral tur·pi·tude
Pronunciation: -'t&r-p&-"tüd, -"tyüd
Function: noun
1 : an act or behavior that gravely violates the sentiment or accepted standard of the community
2 : a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense <a crime involving moral turpitude> —compare MALUM IN SE
NOTE: Whether a criminal offense involves moral turpitude is an important determination in deportation, disbarment, and other disciplinary hearings. Past crimes involving moral turpitude usually may also be introduced as evidence to impeach testimony. Theft, perjury, vice crimes, bigamy, and rape have generally been found to involve moral turpitude, while liquor law violations and disorderly conduct generally have not.

Source: Merriam-Webster Dictionary of Law, © 1996 Merriam-Webster, Inc.

Main Entry: moral turpitude
Part of Speech: noun
Definition: evil character, lack of integrity

Source: Webster's New Millennium™ Dictionary of English, Preview Edition (v 0.9.5)
Copyright © 2003, 2004 Lexico Publishing Group, LLC

The phrase moral turpitude, however, doesn't appear in the section I quoted from the American Embassy which mentions arrest with or without a conviction. The visa waiver form doesn't mention a particular number, just the word "ever" as in 'Have you ever...'

As I said, I think the only definitive answer is for each individual to check their own circumstances with the American Embassy.

[trevlad]

yes i see what you mean blott we are sort of singing from the same hymn book. could we transpose it for a malice aforethought.bad intent. deliberate acts but the lowest of the low. its interesting it refers to vice, rape, sex crimes etc but also sneaks theft in there.
regardless of how adam butters it, he has been convicted of a theft offence so as we err - embassy with you, boy!

[Gamedude]

Thanks for the advice. I decided to contact the embassy and they told me to get a memorandum of conviction from the court. So I rushed down to the court and was lucky to get it there. I then telephoned the embassy and was given an interview day.

I was glad to finally get the documents I needed and an interview date but I'm still not sure I did the right thing. It's a gamble really either way. What I am doing is the proper legal way I feel but others are telling me I've made a big mistake as how would they know if I had ever been arrested.

Well its done now, the worrying wont stop till I'm through customs in Orlando. I'll let you all know how I get on.

[E. Cosgrove]

Exactly....how do thet know you've been arrested? They are hardly going to tell you their source of information are they?
you have to do the right thing and then if they stop you to ask if you have ever been arrested you will have no need to lie.

[tia 33]

Gamedude,

Had exactly the same query with hubby as he was charged with drunk & disorderly at his forces leaving do 20 years ago. The risk of being turned away does not warrant ignoring the fact that you were arrested all that time ago.

The USA authorities are clear on the fact that even if you were not charged after being arrested you still MUST obtain a visa from them. Through my husband's current job, we know that they ARE able to check on your history and people have been turned away.

It is a complete pain in the bottom getting the visa, filling in the forms, getting the right size photo (not normal UK passport size, paying the fees, getting background info to take to London, up to 4 hours at the Embassy etc. BUT to actually get the visa & know you will be ok is worth the hassle. You have DEFINITIELY done the right thing.

If you have any queries with the visa application procedure, contact me and I will be only too glad to help.

[Gamedude]

Thanks for the advice Tia. May need the advice as I go through the process. If you don't use normal passport photos then what places can I get the photos they need? Hoping to get the photos done before going to london.

Thanks for all replies.

[dodgey memory]

Gamedude, try Snappy Snaps it's a well known high St store and one of the cheapest, no need to make an appointment just turn up. Take as much evidence as you can to the interview to show that you are intending to return to the UK, details of savings, letter from employer, mortgage statement etc

[Gamedude]

Thanks for the advice, just found out where snappysnaps is so off I go. Don't know how I would have managed without this forum.

Thanks for the help.

[tia 33]

dodgey memory was spot on, Snappy Snaps is where hubby went - the cost was a bit of a shock though - £10 for 2 photos!

Hope you got them ok.

dm also right re evidence you are intending to return to the uk. We went armed with allsorts but not one item was looked at, but better to have it just in case you get a jobsworth visa officer!

[wiljohn]

The best place to get your photo's has got be 449 oxford st, Just around the corner from the embassy, I forget, but I think about a fiver for two snaps, that conform to Embassy requirements.
It's easy to miss though, a doorway in between two shops then up the stairs.