How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I made a mistake over forty years ago. I paid a fine for my

Resolved Question:

I made a mistake over forty years ago. I paid a fine for my conviction about £400+. Does that stay on file for life. I am planning a trip to Australia and America. I have been to America twice before with no problem getting the tourist visa. but now I see they are asking for previous convictions and I have no details of dates of anything relevant to that case . I'm sure I did not have to disclose this information before when going on holiday.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have requested a copy of your police file to see if the conviction is recorded please? A conviction that old may have not been recorded on computerised records.

Customer:

I have not been to the police for information

Joshua :

Thank you. You may wish to make a subject access request to the police for your file. As above it is possible that a conviction of that age may not have been transferred across to the police national computer and if this is the case it is not likely to have any impact. If you find the conviction has been recorded then you have something of a dilemma in terms of US travel.

Joshua :

In general fines for the purposes of UK law are considered spent after five years and no longer need to be declared in such circumstances however the United States does not recognise the Rehabilitation of Offenders Act which provides for the above. For the purposes of US law, convictions never become spent.

Joshua :

According to strict US law, because the US does not recognise the Rehabilitation of Offenders Act the conviction must be declared and according to US immigration law, you may not not be eligible for the visa waiver programme as a result and accordingly would need to apply to the US embassy for a visa to travel to the United States. A visa is not guaranteed particularly where the conviction is for a crime of moral turpitude which helpfully is not specifically defined. Instead, what is talked about is crimes which are inherently base, vile or depraved and contrary to be accepted rules of morality which potentially could cover almost anything. If the conviction has been recorded you must therefore decide how you wish to proceed...

Joshua :

The US does not have routine access to the police national computer here in the UK and certainly some travellers take the arguably cavalier attitude that they will not declare a conviction because there is no way the Americans can know about it. In many cases this is probably correct as although there is intelligence sharing between the UK and the US this is generally in respect of higher profile more serious crimes, however the US does have the right to make an interpol request for a copy of his record, though this would usually be where there is suspicion relating to terrorism offences and not more minor crimes and interpol requests are not routine. However if the authorities in the United States do discover his conviction they can refuse entry and deport you back to the UK which will make repeated travel to the United States very difficult. potentially, you may be charged with a crime under US law which is punishable by a fine and up to 6 months imprisonment though my understanding is this is rarely applied in favour of simple deportation.In addition you will be aware that the US operates the ESTA scheme whereby you are pre screened before travel and therefore on may hope that any issues would be known about before you book tickets and / or travel at the point you apply for your ESTA.

Joshua :

On the other side of the coin if you do declare, you should be aware that there is no guarantee of the US embassy issuing you with a visa for travel if you were to disclose the conviction. Accordingly as above you have a difficult decision to make. Anecdotally persons with cautions and similar minor crimes who do not declare them seem to have little difficulty in travelling. However I cannot encourage you or suggest that it would be correct to do other than answer the question truthfully. The final decision must be yours weighing the above information in your mind

Joshua :

Is there anything above I can clarify for you?

Customer:

how would I start to get any details of the conviction if recorded, as I have no details of dates or any paperwork

Joshua :

Do you know which is your local police force?

Customer:

I live in Gillingham Kent

Joshua :

Thanks. You can make a request using this form:
http://www.kent.police.uk/about_us/foi/data_protection/Download%20a%20subject%20a.html

Joshua :

Is there anything else I can help you with?

Customer:

I will make a request using the info you have given. Many thanks for your help

Joshua :

A pleasure. I hope nothing turns up on the report but if it does best wishes for your difficult decision above.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.


Customer:

Full Size Image

Joshua :

Many thanks

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions