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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently got a simple caution for drug possession

Customer Question

I recently (yesterday) got a simple caution for drug possession of heroin. Someone had placed it in my pocket at a club and whilst i was going to another club i got searched and they found a packet on me. I didnt even know what was inside it. They arrested me, took me to a police station. They did a drug test which came back negative (because I do not do drugs) and i told them how this had happened and I was careless to let something like this happen. It is my first offence, I have no convictions. I have a few questions; Will i be able to gain entry into the USA? I am due to go to New York next March. is there anything specific I must do. I am very upset as I am not a drug user and this has happened to me. Also can i transit in USA for 2 hours? I am due to go Cancun in March as well as USA and this trip requires me to stay in Chicago for 2 hours on my return flight. Will this affect my future job prospects? I am currently studying for the ACCA qualification and I am due to finish this next June. Afterwards I would like to work in industry as a financial accountant. Would companies not employ me because of this? As you can see I am quite worried about all this. I don't want my life to be ruined. Thanks for your help.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Will i be able to gain entry into the USA? - The UK does not share convictions with the USA. Therefore although the ESTA asks if you have ever been convicted of an offence involving moral turpitude or drugs, technically you would need to tick yes to the drugs bit. Possession is not an offence of moral turpitude.

Alex Watts :

Therefore if you tick yes to the arrested for possession, you would need to get a visa. However because this is simple possession and the UK does not share details, if you ticked no, who would find out?

Alex Watts :

Thousands of people travel to the USA without declaring cautions or fixed penalty tickets.

Alex Watts :

Whilst I can not obviously tell you to lie as a lawyer, but many people do travel without declaring and it is not an issue.

Alex Watts :

AS for job prospects you wont need to declare this in the UK as it will be spent already.

Alex Watts :

If you have CRB check, now called DBS, under new rules this will be excluded so wont so

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is there any way they could find out i did have a caution if i ticked no for the possession bit and deny me entry to the USA for a long time.

Alex Watts :

It is possible, but rare

Customer:

Thanks for your help. I have been stressing since yesterday.

Customer:

The job question was most important. So if it is excluded I am ok.

Alex Watts :

So job will be fine.

Alex Watts :

USA you should also be fine

Alex Watts :

My friend has been disqualified from driving and recently came back from a 3 week trip

Alex Watts :

If this answers your question might I invite you to rate my answer.

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

Sorry for my late response. I was away from the computer. I have one more question with regards ***** ***** abroad such as Singapore or anywhere outside of UK. Will this caution affect my prospects? I plan to move to singapore in 2 years.

Alex Watts : I can't say about outside USA or the Uk, but it is unlikely given it is spent and won't show on any DBS check.
Alex Watts : Does that clarify?
Customer:

ok thanks

Ash and 5 other Law Specialists are ready to help you
Customer: replied 3 years ago.



For those 18 or over at the time of the offence:


An adult conviction will be removed from a DBS certificate if:




  •  11 years have elapsed since the date of conviction; and




  •  it is the person’s only offence, and




  •  it did not result in a custodial sentence


    Even then, it will only be removed if it does not appear on the list of offences which will never be removed from a certificate. If a person has more than one offence, then details of all their convictions will always be included.


    An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding.




 


From the government website it says the caution will stay for 6 years?




Expert:  Ash replied 3 years ago.
No there are new filtering rules, it's excluded.

Alex

Customer: replied 3 years ago.

Ok - is there anywhere I could read this up on just for personal satisfaction? Sorry to be a pain - everywhere i read says it is included.

Expert:  Ash replied 3 years ago.
https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

These are offences that are never filtered. So if its not there you are ok.

Alex

Customer: replied 3 years ago.

Excellent. Thanks so much Alex. I also checked


 


https://www.gov.uk/government/publications/most-common-offences-filtered-from-a-dbs-check


 


and it was there. Thanks for all your help today. Will come to you in the future if need be.


 


 

Expert:  Ash replied 3 years ago.
Happy to help.

Alex

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