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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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Hi,Approx 12 years ago I was brought to a garda station with

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Hi,given the info below does this constitute an actual arrest?Approx 12 years ago I was drunk and was walking home with a friend of mine when we were stopped by the gardai. I was brought to a garda station with my friend. We were both handcuffed and driven to the station but i can't remember what we were actually arrested for. Probably because we were drunk and had an open bottle of wine with us. Anyway when we got to the station we gave our details and they recorded our height. I was put in a cell for about 20mins. I wasn't searched at all and i wasn't formally questioned. After about 20mins had elapsed I was free to go and no charges brought. I didn't receive any documentation of the arrest and hadn't thought about the matter until recently when thinking about applying for a us visa. My question is will there be a record of this occurrence on my file? IE custody record etc? Will it be deleted at this stage? No other arrests or convictions since.does what happened me actually constitute an actual arrest? Will this affect my US Visa application?Thanks

Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
Hi Nicola, I can wait a little while longer.ie until tomorrow morning/afternoon. After that ill need to cancel my request. I do appreciate your reply however updating me on the situation. Thank you. Your assistance is also greatly appreciated.
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Buachaill replied 3 years ago.
1. Firstly, in order to be validly arrested you must be told the reason for your arrest and the fact that you were arrested. Here, it is difficult to say whether you were in fact arrested as your memory is poor. However, from what you say, you were merely put in a form of preventative detention and then let go. So no arrest ever happened in law as no offence was committed.
2. Secondly, this is not a matter which you need to declare on your application form for an American visa. It should not impinge in any way upon your application nor should you make reference to it. Additionally, after five years, even if there was a record it has to be deleted from the Garda Pulse system owing to data protection restrictions. So at this point in time there will be no record of anything. So leave it out and proceed with your application.
Buachaill, Barrister
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Experience: Barrister 17 years experience
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