Question about criminal record vs criminal conviction

[hopelang]

Hi everyone.

I have met and married a man in the UK..born and raised there.
I am from and currently live in the US.
We are getting ready to submit the application for the spouse visa.

Please, I need a bit of advice. I cannot afford an attorney.

Back in 2004, I was arrested. I'm embarrassed about my situation. Anyways, while I went thru the court process, the outcome was Pre-Trial Diversion. There was no sentencing, and no conviction. I paid a fine, and had 2 years of probation. As long as I didn't get in trouble with the law in that time, then they wouldn't proceed with the charges after the 2 years.

I am more than willing to show this on my application and give them the certified court documents.

Can someone please just let me know what my chances are for having a criminal record, but no conviction? I am literally making myself sick with this.

I was never in trouble before, and haven't been since.

Any words of encouragement or advice is greatly appreciated.
Thank you

[Daznov]

You should declare it when you apply (as your record will be checked when your visa is processed in the US), but without knowing what it is it's hard for anyone to say if you would be successful or not.

[hopelang]

You should declare it when you apply (as your record will be checked when your visa is processed in the US), but without knowing what it is it's hard for anyone to say if you would be successful or not.

Do I check yes under conviction then? Do I put in my explanation as to what happened? Short, sweet, and to the point, or let the certified court records speak for themselves? I've heard of doing a cover letter to go along with the court records. Is this recommended?

I've read and reread the rules and regulations there. I believe I will be alright, and yes I most definitely will and want to declare it. I just don't know what to say or how to approach it.

[Amber]

You should declare it when you apply (as your record will be checked when your visa is processed in the US), but without knowing what it is it's hard for anyone to say if you would be successful or not.

Do I check yes under conviction then? Do I put in my explanation as to what happened? Short, sweet, and to the point, or let the certified court records speak for themselves? I've heard of doing a cover letter to go along with the court records. Is this recommended?

I've read and reread the rules and regulations there. I believe I will be alright, and yes I most definitely will and want to declare it. I just don't know what to say or how to approach it.

I would not tick you have a conviction, as you said you were not convicted. Add the information in the extra information box.

[hopelang]

I've been reading my state's judicial codes and it clearly states that pretrial diversion is not entered as a conviction. However, I was charged and arraigned and went through the court process. But the outcome was not a sentence.

Do I give my side of events as to the charge?

[Amber]

I've been reading my state's judicial codes and it clearly states that pretrial diversion is not entered as a conviction. However, I was charged and arraigned and went through the court process. But the outcome was not a sentence.

Do I give my side of events as to the charge?

I think that would be good and explain you we're not convicted and charged.

[Daznov]

I've been reading my state's judicial codes and it clearly states that pretrial diversion is not entered as a conviction. However, I was charged and arraigned and went through the court process. But the outcome was not a sentence.

Do I give my side of events as to the charge?

In addition to D4109125 excellent advice, have you checked if what you were accused of is even a crime in the UK (if it's not, then it will be ignored) or how severe it's considered (maybe it's less so here than in the US)?

Look it up at:
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/

All the best with it.

[hopelang]

Okay, here is what happened in 2004. Please I ask you not to flame me for this. This was a horrible time in my life and what happened with my arrest was an embarrassment to me.

My children and I had no place to go after leaving my husband, and instead of going to a shelter or living on the streets, we went to a family member's house that was unclean. More than unclean, she was a hoarder. We were there for 36 days and the day we moved was when her house was being foreclosed. The sheriff came to put the notice up and discovered the condition of the home. I was packing to leave. When he saw there were children there, I was arrested for neglect. Please, do not flame me. I was humiliated and felt scared. I had never been in trouble before or since.

I went through the court process and was placed on pretrial diversion or suspended prosecution. I never plead guilty, was never put on trial, and went through a probation period of two years. As long as I did nothing wrong, I didn't, then that's it. No sentence or conviction.

While it was a horrible experience, we received help and I am grateful to the people that helped us. I never should have gone there; I was just so frightened with nowhere to go.

And now years later, I am about to apply for the spouse visa for myself and children to move to the UK. I have a copy of the pretrial diversion. What else do I need to send in? Shall I write a cover page describing my side of what happened? Do I leave emotion out of it if I do and only state facts?

I appreciate any advice with this.

[Amber]

Okay, here is what happened in 2004. Please I ask you not to flame me for this. This was a horrible time in my life and what happened with my arrest was an embarrassment to me.

My children and I had no place to go after leaving my husband, and instead of going to a shelter or living on the streets, we went to a family member's house that was unclean. More than unclean, she was a hoarder. We were there for 36 days and the day we moved was when her house was being foreclosed. The sheriff came to put the notice up and discovered the condition of the home. I was packing to leave. When he saw there were children there, I was arrested for neglect. Please, do not flame me. I was humiliated and felt scared. I had never been in trouble before or since.

I went through the court process and was placed on pretrial diversion or suspended prosecution. I never plead guilty, was never put on trial, and went through a probation period of two years. As long as I did nothing wrong, I didn't, then that's it. No sentence or conviction.

While it was a horrible experience, we received help and I am grateful to the people that helped us. I never should have gone there; I was just so frightened with nowhere to go.

And now years later, I am about to apply for the spouse visa for myself and children to move to the UK. I have a copy of the pretrial diversion. What else do I need to send in? Shall I write a cover page describing my side of what happened? Do I leave emotion out of it if I do and only state facts?

I appreciate any advice with this.

You made a mistake, everyone does, try not to be too hard on yourself. You received a pre trial diversion which, to my understanding, gives you a 2nd change and you retain a clean criminal history. Yes, it might have been morally wrong, but you're not a criminal. In the extra information just add that you received a pre trial diversion, but this does not constitute a criminal record and that you have not been involved with the police again.

[hopelang]

It only gives you a clean record if you have it expunged, which in the state it happened in, costs $500. I was a single mom up until a couple of years ago. That kind of money had never been laying around for me. I had a background check done and while it showed the arrest, there was no conviction and I didn't worry about it too much. Until now. I am terrified that this will prevent me from being approved for the spouse visa.

I think I can check the no conviction box, but there is a question about if you have been charged and have yet to be tried. Am I correct that this is the box I check and then explain the charges?

[Amber]

It only gives you a clean record if you have it expunged, which in the state it happened in, costs $500. I was a single mom up until a couple of years ago. That kind of money had never been laying around for me. I had a background check done and while it showed the arrest, there was no conviction and I didn't worry about it too much. Until now. I am terrified that this will prevent me from being approved for the spouse visa.

I think I can check the no conviction box, but there is a question about if you have been charged and have yet to be tried. Am I correct that this is the box I check and then explain the charges?

Can you not pay the $500 now?

[hopelang]

Yes, but the expungement isn't instantaneous. I've been reading the state law books and talking to the courthouse. It takes 60 days for the judge to hear it. From there, they have up to 6 months to report it to the state's FBI. From there, your arrest record will always be there, but the court records will not. It's almost like a no win situation. If the arrest is still there, I would need to report that anyway.

[Amber]

Yes, but the expungement isn't instantaneous. I've been reading the state law books and talking to the courthouse. It takes 60 days for the judge to hear it. From there, they have up to 6 months to report it to the state's FBI. From there, your arrest record will always be there, but the court records will not. It's almost like a no win situation. If the arrest is still there, I would need to report that anyway.

Well, if you don't pay the money what will be the repercussion? As you've been arrested but not convicted of any offence I would not hold this with much worry.

[hopelang]

I worry tremendously about it because I am declaring it and, well I'm scared they will say no we can't move over there to be with my husband.

Should I write with emotion or make it factual and leave emotion out of it?

[vinny]

See also RFL10 - When can I refuse on the grounds of criminality?

[hopelang]

See also RFL10 - When can I refuse on the grounds of criminality?

This makes me even more confused. Since there was not a conviction, but a court order, I am still past the necessary time-frame?

[Daznov]

IANAL, but a pretrial diversion is for minor offences. You tried to give your children somewhere to live, which is better than them having to live on the street regardless of conditions. You were also preparing to leave. In the UK, I don't think this would have got as far as court.

Minor offence. Something like a DUI would be more serious here than in the USA, but people still get visas regardless.

You have a clean record otherwise, the time period for the pretrial diversion has expired (albeit not expunged from your record), I'm sure you can references from people attesting to your good character and parenting.

[Amber]

See also RFL10 - When can I refuse on the grounds of criminality?

This makes me even more confused. Since there was not a conviction, but a court order, I am still past the necessary time-frame?

I think RFL09 - When can I refuse on character, conduct or associations - paragraph 320(19)? may be more relevant. However, again if you explain the circumstances I think you should be ok.

[hopelang]

See also RFL10 - When can I refuse on the grounds of criminality?

This makes me even more confused. Since there was not a conviction, but a court order, I am still past the necessary time-frame?

I think RFL09 - When can I refuse on character, conduct or associations - paragraph 320(19)? may be more relevant. However, again if you explain the circumstances I think you should be ok.

Okay, I have been pouring over the pages on the UK site, grounds for refusal and such.

Last two questions:
I have the certified court copy for the order of pretrial diversion. It says the charges were neglect. It does not specify anything other, as in details of what they felt the arrest was for. I called the courthouse, and I can get certified copies of the arraignment, which is detailed. Do I go ahead and send for those? Is it best to include that as well?
And when I write the circumstances as to what happened, is it better to be concise and to the point, or write a couple of paragraphs?

I know they are busy and I most definitely do not want to irritate the caseworker with overload.

Thank you so much for your help. I was fully expecting to be criticized but a sincere thank you for being kind to me.

[Amber]

See also RFL10 - When can I refuse on the grounds of criminality?

This makes me even more confused. Since there was not a conviction, but a court order, I am still past the necessary time-frame?

I think RFL09 - When can I refuse on character, conduct or associations - paragraph 320(19)? may be more relevant. However, again if you explain the circumstances I think you should be ok.

Okay, I have been pouring over the pages on the UK site, grounds for refusal and such.

Last two questions:
I have the certified court copy for the order of pretrial diversion. It says the charges were neglect. It does not specify anything other, as in details of what they felt the arrest was for. I called the courthouse, and I can get certified copies of the arraignment, which is detailed. Do I go ahead and send for those? Is it best to include that as well?
And when I write the circumstances as to what happened, is it better to be concise and to the point, or write a couple of paragraphs?

I know they are busy and I most definitely do not want to irritate the caseworker with overload.

Thank you so much for your help. I was fully expecting to be criticized but a sincere thank you for being kind to me.

I for sure am not here to judge you. You've moved on since those times and they're in the past. I would write a page detailing the circumstances, the excess pressure, and any domestic abuse that you were suffering (if you were). I think an outline of what the court order/pre trial diversion was would suffice, rather than a bundle of court papers. Just emphasise it was not a conviction and it avoided you being charged.

[hopelang]

Before we apply for settlement there, I am traveling soon to visit the UK. For the USA, I do not need to have a family visitors visa, but what will they ask about my criminal records? Should I bring my pretrial diversion papers with me? It clearly states this is a suspension of prosecution and pretrial diversion. Do they ask only about convictions, or do I just show my papers when I get there? I've read the Border Agency site a bunch of times now, and I still can't understand it.

Please help with any advice.