aos with a caution from police

[Old Dominion 26]

The crime did not involve moral turpitude.

[rebeccajo 14]

...have you ever been arrested or convicted of a moral turpitude crime .....etc

I read online here: https://www.askthe.police.uk/content/Q562.htm that a CAUTION is just a formal warning, and "Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence. " - so its not a conviction, unless you committed a further offence. if not, then you answered the question correctly because you were never convicted.

Since the caution was over 2 years ago, too - its already "SPENT" which means you dont even need to declare it on any application form:::

"Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'."

thats from the same website i mentioned above

Hope that helps. I dont know if theres an equivalent here in the USA, but i do get "warnings" from police from time to time when i speed hehehe - its not a real ticket, though - just a warning that stays on their file

Oh no no no...................the concept of the spent crime is the reason so many people from the UK get tripped up on properly answering the questions on the I94W and whether or not they may need a waiver if filing for a reason.

For immigration purposes, the US government does not recognize 'spent' crimes. USCIS/DOS have established what crimes are a CMIT (as has been linked in this thread) and THAT is what matters. Not UK law and the Rehabilitation of Offenders Act.

[myangelblue 0]

so is a attempted theft a crime of moral turpitude ?

[geezer 1]

so is a attempted theft a crime of moral turpitude ?

Yes

[myangelblue 0]

oh lord what a mess we are in.

[JeremyR 8]

The question that hasn't been asked is was he actually arrested? As far as I know, you can be cautioned without actually being arrested. If he was arrested and he ticked 'no' on the I-94W then that's probably what I'd be focusing on most in your shoes.

Does he have a British police certificate? You can apply for one by contacting the police force for the area in which he lived (some of them call it a 'Subject Access Request') and it takes a few weeks to come back. If he hasn't got one then if I were you, I'd apply for one right away because it will tell you if you need to be worried or not.

It looks like this. If it's like that one and says "no information is held about you in the Person Record category of the Police National Computer" then you can probably stop worrying. If it details any arrests or convictions, I don't know what advice to offer but other people here will.

Edited January 12, 2009 by JeremyR