Security

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by bluebirds
Starting to panic abit about the security issue. My other half was arrested in a case of mistaken identity 12 years ago. Everything was dropped and nothing ever happened. I have been reading the USA Embassy website and i am now confused. Does he need a visa to go Florida. At the time all those years ago it was laughable but it seems to becoming back to haunt us. I am glad i have been reading these threads or we would have been none the wiser. It would be a killer if he was turned back. Another question is that do spent speeding fines count?[8D]
[/quote]

I think it is better to be safe than sorry later. You don't want a hassle after a long flight when you're looking forward to a dip followed by a good night's sleep! Why don't you call the US Embassy and make sure? From what some of the others are saying on this thread, your other half might have been given that Police whatever Number, which might show up on the database at US checks.

All the best.

[amy]

As for the 'arrest, I would ring the embassey to check, as for the speed ing fines, they dont count,this week new legistlation has been passed to make those in the EU count and follow you home from Europe, but nothing as yet for the US. I know of US citizens being caught 3 times over the legal drink drive limit here in the UK on business, but they have not been to bothered as when they have paid their fines and returned to the US they can still drive.[msnmad]
<blockquote id="quote" class="ffs">quote:Originally posted by bluebirds
Starting to panic abit about the security issue. My other half was arrested in a case of mistaken identity 12 years ago. Everything was dropped and nothing ever happened. I have been reading the USA Embassy website and i am now confused. Does he need a visa to go Florida. At the time all those years ago it was laughable but it seems to becoming back to haunt us. I am glad i have been reading these threads or we would have been none the wiser. It would be a killer if he was turned back. Another question is that do spent speeding fines count?[8D]
[/quote]

[phaedra]

I spoke to the data Protection officer of our local police force about this during the week, my brother in law was thinking of coming with us in December.

He was arrested about 6 years ago after an allegation was made against him, it was investigated and no proof was found, it was then dropped and no charges were brought. At no time during the investifgation did he appear in court.

He requested a Subject Access form to make an enquiry to see if any details are held on the PNC about him, on the form it only states the search will be for records of charges & convictions.

I rang on his behalf and was told that if no charges were brought then there should not be a record on the PNC, to be certain they have suggested he sends in the form without the fee and they will do a check and notify him of the reult by telephone. If there is a record he can send the fee and receive the written report or if there is no details he can again send the fee for a blank report or just do nothing and they will return his documents (2 forms of ID required to verify identity).

So, the question is, if it returns empty would he still go for the interview?, if it doesn't show on the PNC the US authorities won't have any record to access. He also feels this is an invasion of his civil liberties & human rights as he is an innocent party and is being regarded as a criminal by the immigration process and will be writing to his MP on the subject.

Yes, I know he is inelligible to use the Visa Waiver as it specifically asks about arrests but not because he's guilty of any crime, the police told me this is becoming a regular enquiry.

[Nostromo]

This makes me wonder. Assume that Joe Bloggs, a completely innocent man, was arrested by mistake and later released by the UK police. If their database give him that PNC or whatever number and he suffers a lot of inconvenience and humiliation as a result during a visit to Orlando a few years down the line, why cannot he take LEGAL ACTION against the UK police on return? After all, it was their error and he was innocent.

[phaedra]

Because of the wording of the Visa Waiver which doesn't differentiate between innocent & guilty, it just asks "Have you ever been arrested OR convicted"

Being refused entry for not complying with it's conditions would be his fault and not the polices, however,if it asked "have you ever been arrested AND charged or convicted" it would make life a lot easier

[Nostromo]

Then perhaps the UK police should have a systen where an arrested person's records are completely erased form their database if he/she is proved innocent.

[bluebirds]

I have a friend who is dectective and we are going to ask him if he can check the pnc for us. I might phone the data protection officers of our local force(wiltshire)to see what they say. I am also contacting the USA embassy to see what they can tell me.
Thanks for the idea phaedra about contacting the dat protection officers.

[blott]

You still need to answer the visa waiver question truthfully as telling a lie and getting found out is worse than telling the truth in the first place.

[phaedra]

Blott, I'm sure we all agree that telling a lie isn't the thing to do

The problem for people in this position is having done nothing wrong they are treated the same as a criminal, required to pay for the subject access search, pay for a visa application and have the added expenses of time off work, travel costs etc. for a trip to either London or Belfast to prove they haven't done anything wrong in the first place.

Surely someone somewhere must see this is a totaly unfair set of circumstances.

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by bluebirds
I have a friend who is dectective and we are going to ask him if he can check the pnc for us. I might phone the data protection officers of our local force(wiltshire)to see what they say. I am also contacting the USA embassy to see what they can tell me.
Thanks for the idea phaedra about contacting the dat protection officers.
[/quote]

Hey, Bluebirds are you from Wiltshire? So am I and a few others. I'm from Wootton Bassett, where do YOU live?