Where do I stand with this past?

[JimVaPhuong 4,863]

thanks for that clarity - I appreciate it.

well guarenteed there was no admitting of anything because I didnt do what was accused. Nor is that my nature. Nor was I aquitted

If they brought you up on charges then there are usually only three possible outcomes; convicted (guilty), acquitted (not guilty), or the charges were dropped by the prosecutor (not guilty). From your description, it sounds like you were acquitted.

[firehawk1010 9]

well usually aquittal means that there wasnt sufficient evidence but they werent willing to drop the charges.

still though, it never happened. was a false allegation....and NG on both accounts. for a 4 day trial, it took jury 7 mins (literally) to come back with a verdict

Edited July 10, 2012 by firehawk1010

[charlie471963 3]

HI firehawk just a thought from a third party . I think you will be fine do as they said and bring your court transscripts with you the day of your interview . Also I think you should reconsider putting in the k1 and instead put in for a IR1 this way before

you leave your home you will have your answer for the adjustment of status here in the USA ,because the interview in the UK is only the beginning and you will have to reprove yourself again and again and should you not make it through one of those hoops this government is putting out there then they will send you back , so as to end all that bullsh##t I would do the IR1 and at the end you will have greencard in hand if it doesn't work out you will have your answer right there and you will have maintained your life .

[Hannah B 16]

I am a criminal defence solicitor in England so can offer a little insight. When a person's police record is printed (known as a "PNC") there is a cover page stating number of convictions. For you this will say zero. Also within the report will be the details of any court cases and the outcome. In your case the details of the Court and charges on the indictment will be listed and a "Not Guilty" plea will be stated by each of them. You can obtain this from your local police station as a starting point. I haven't yet obtained a copy of the police records that are used for the interview so I can't tell you what the format is but I suspect it will list the same information.

As far as I am aware from the various stages of the K1 visa, you will be asked to confirm if you have ever been "arrested" for a criminal offence and to provide the details so you would not be able to hide it. Unless you are planning to hire an lawyer experienced in this type of case then I think all you can do at this is gather as much documentation as you can. As a few suggestions:

1. In the first instance I would do some research on this website by using the search function to see how this type of issue has been dealt with by other beneficiaries from the UK who have gone through the process. They may be able to offer you some insight.

2. Research the forms you will be required to complete during the K1 process if thats the route you are choosing and you will be able to see precisely how the questions are phrased in relation to criminal convictions/charges/arrests etc.

3. I presumme you were represented by a criminal defence solicitor (and a Barrister if the case was heard in the Crown Court). The solicitors are required to keep their file for 7 years. So I would contact them and ask for a copy of all the disclousre provided by the Crown Prosecution Service. This will include: advance disclosure, the main committal bundle, unused material (this is evidence gathered by the police that the Crown do not choose to rely upon in Court, so often is useful to the defence), your police interview and any attendance notes of the trial itself. This shouldn't take very long for the solicitors to provide depending on where they store their archived files.

4. You could go one step further if you wanted to and apply for a copy of the trial transcript. The way most courts work now is that trial transcripts are kept on tape and stored by a private transcription company. It is less common that the Court actually retains transrcipts themselves because it is so expensive. To do this you would need to write to the Chief Clerk at the relevant Court where the trial took place and provide them with the case number, your name, the dates of your trial, and the Judge who heard the case. Ask the Court where the tapes/or transcripts are held and they should provide you with the company who has them. The contact that company and request a copy of the transcript. There is usually a fee for providing you with a copy and for a four day trial this may be approximately £30-100. I have done this for a few cases where the details of what was said at trial are disputed and it has taken at least a few weeks to obtain so allow time for this if you think you will need it.

Edited July 10, 2012 by Hannah and Josh

[Hannah B 16]

And one more thing. Generally speaking, a person can only be found not guilty and "let off" on a technicality for offences where they may appear to be guilty where there is a technical element to the evidence. For example where a police search or an identification parade or foresnic testing was not conducted properly or a speed camera was faulty. In cases like common assault, and sexual assault where there is no evidence of physcial injury it often comes down to one person's word against another so much less likely that anyone looking at their case would be able to make a decision that you were guilty but had been found not guilty on a techincality.

[firehawk1010 9]

thank you so much to the insight of the last 2 posters. it means alot to me and greatly appreciate it.

I do have all the bundles somewhere but definately by email. I just dont want to even open that email attachment (emotional/mental stress).

as for the transcript - thanks for the advice on that. I will certainly look into this and do what I can.

I definately want to have the option of still being able to be in the UK until everything is 100% but I fear that I will get declined because of this "minor" case even though I was NG for both accounts as well as glowing references too.

personally I think its unfair to say that a person is guilty even if they are found not guilty because of a technicality (even though there was no technicality issues here)

Edited July 10, 2012 by firehawk1010

[Sandra G. 5,048]

The US Consulate will ask just an original or court-certified copy of the complete arrest record, if you were arrested, and disposition (in your case the acquittal order).

Hanna and Josh can he get in UK the non guilty verdict expunged from his record?

Edited July 10, 2012 by sandranj

[Boiler 45,557]

I would have thought he would want the non guilty verdict!

[firehawk1010 9]

Boiler im sorry but you dont seem to make sense. I did say I was found not guilty and have the papers to prove this too (court papers)

[Boiler 45,557]

I was answering the post above.

[Hannah B 16]

Most convictions become "spent" at various time periods with the exception of very serious offences but this type of rule is often used for the purpose of fresh criminal matters. For example, if a person has a drugs conviction and it had become spent after five years and then after that he was prosecuted for another drugs offence, the defence could argue that because the first conviction is spent it then it should not be allowed to be introduced as evidence in the second case.

However, this is irrelevant to firehawk as he doesn't have any convictions. If he is asked in a form for the purpose of the visa if he has ever been arrested, or prosecuted for any offence he would always have to respond yes regardless of how much time has lapsed. That isn't a legal requirement it is a fact.

[Cathi 5,757]

HI firehawk just a thought from a third party . I think you will be fine do as they said and bring your court transscripts with you the day of your interview . Also I think you should reconsider putting in the k1 and instead put in for a IR1 this way before

you leave your home you will have your answer for the adjustment of status here in the USA ,because the interview in the UK is only the beginning and you will have to reprove yourself again and again and should you not make it through one of those hoops this government is putting out there then they will send you back , so as to end all that bullsh##t I would do the IR1 and at the end you will have greencard in hand if it doesn't work out you will have your answer right there and you will have maintained your life .

he can't get ir1 unless he were married to a US citizen for more than 2 years. If he were to marry a US citizen he could apply for cr1 with a conditional 2 year greencard. After the 2 years he would have to have the conditions removed. He stated it would be a k1. He would have to marry in the US with 90 days, then apply for AOS and EAD at the same time, and still have conditions removed after the 2 year greencard was issued. Don't think for one moment a k 1 is easier as it is merely a one entry visa, after which there are still many stages at the USCIS level.

[firehawk1010 9]

thanks all for the helpful and valuable advice.

my concern now is purely the ability to get the visa given my unfortuantely circumstances even though it went in my favour.

[Boiler 45,557]

For the avoidance of doubt US Law would not recognise convictions being spent under UK Law.

[WaitingStill 24]

Thank you JoannaV. indeed there is a difference between aquittal and not guilty.

Ummm

I'm not familiar with the law in the UK...

but here, there is no difference between acquittal and not guilty. It is the same thing.

When a jury deliberates your case, there are only two verdicts they can reach: guilty, or not guilty.

If they find you not guilty, then you have been acquitted.

If they find you guilty, then you have been convicted.

That's it. If you were found not guilty of a charged offense, that should be the end of it.

Good luck. I hope your application passes quickly. You've been through enough already!!!!!