America - Criminal Record?

heathersonline

Any way to find out if I have a criminal record in the USA?

I was in NY in Summer 2000 and had a couple of drinking misdemeanours against me, nothing serious (I was 20 at the time, stupid student). I didnt go to court, had left the country before the Court Date. Now I have no idea whether I was convicted of the charges, so dont know if I have a record over there.

I spoke to a friend in the Gards and he thought I'd be better off not asking the US Embassy as they may drag the charges up. I've been offered a job that will involve travel to the USA, a week here, fortnight there, nothing major. I'm extremely worried about it though, as I'm sure there would be grounds for dismissal if I was arrested while travelling on company time & money. I havent accepted the job yet, but was hoping to tomorrow. Any idea how to discreetly check if I have a record in the USA?

BuffyBot

Nothing to do with Travel/Holidays - moved to Abroad

happygal82

i d also be interested to see what others think. A friend of mine had the exact same thing happen was arrested for drunk and disorderly once in USA (one of the southern counties would never happen in Ireland) however she pled guilty in court the next morning and was let out straight away on time served. She hasnt had to travel to US since but when she does she is planning on contacting the embassy with the time span and the fact its the only thing that has ever happened i m sure there is no issue with getting in! Plus is a public order offence classed as a criminal offence? SHe s now going to Australia for a few months and hoping that it doesnt come up at emmigration there but its doubtful

anyone else got thoughts on this???

heathersonline

Interesting, I went into the US embassy today and asked them about it, they said go ahead and apply for a visa or whatever you need, but for something as small an offence, you may be interviewed before entering the country but there wouldnt be a problem getting in. Put my mind at ease anyway!

happygal82

well that s good to know!! i didnt think there would be a problem i m sure hundreds of students get arrested for being drunk on their J1's!!!

silja

Were you arrested for DUI (driving while drunk)? Unless it is that, or a "crime of moral turpitude (drugs, sex stuff), you shouldn't have a problem visiting the US or getting a visa.

Black Swan

heathersonline wrote: »

I was in NY in Summer 2000 and had a couple of drinking misdemeanours against me, nothing serious (I was 20 at the time, stupid student). I didnt go to court, had left the country before the Court Date. Now I have no idea whether I was convicted of the charges, so dont know if I have a record over there.

Was curious about state and federal laws in the USA when celebrity Martha Stewart was in her legal mess, so be advised that I am not qualified to give you legal advice (and may be out to lunch!). She also had a problem after her conviction when attempting to visit Canada, which drew my interest. Her convictions were for minor offenses, too.

State and federal laws are often treated differently in the USA. You were in violation of a state law (NY), and may have violated other state laws when you failed to appear? Additional charges that may have been filed against you: (1) Failure to appear; and (2) flight from prosecution? Not sure if any of these reach the more severe felony level.

Record keeping in the USA is below standard I have read, as well as the sharing of records between different agencies of justice and law enforcement. For example, one or more of the federal agencies may not be aware of the charges filed against you in the state of New York; i.e., the federal agencies of immigration (INS), State Department (including Embassies and Consuls), US Justice Department, FBI, etc., etc. The federal Department of Homeland Security was to coordinate and improve upon this, but for years the FBI has reported that they only receive records for about 70 percent of crimes committed in the individual states (and they are reportedly the best, whereas other agencies fall behind them in record reliability).

I doubt you will have any criminal convictions, but you may have outstanding warrants for your arrest in the State of New York. Such warrants, in that they are not convictions, may not have been reported at the federal level, so many federal agencies may be clueless as to your status in NY.

So you may inquire with the US Embassy or Consul and someone there will access their records online and find nothing, because they are not linked with the State of NY outstanding crime warrants.

The good news may be that your minor crime warrants going back to 2000 have passed a statute of limitations (i.e., expired and are unenforceable), but only someone well versed in State of NY laws could advise you on that. Many minor offenses have 2 year limits, others 7 years (legal death), while capital felonies have no limits.

It almost seemed from your post (reading between the lines) that you might be willing to take the risk of playing hide-and-seek with NY law enforcement, regarding outstanding warrants for your arrest (if they exist or are still enforceable)? Odds are good that you may fly to NY or connect through NY International (Kennedy) at some future date as part of your employment or vacation? Without sorting out this legal mess left behind, you may be running an unnecessary risk of being arrested upon entering NY? Also, the Dept of Homeland Security under the Bush administration sometimes acts very unreasonable (and irrational too, IMO), and if they got wind of someone with past, although possibly expired, warrants for their arrest, they may detain you, question you, harass you, arrest and turn you over to NY, who knows?

Your best bet is to clear this legal mess up once and for all. Contact the city prosecutor's office where charges were filed against you in NY back in 2000, and ask them for an official statement of your status with them in writing before you jump on a plane and head for USA. That's my unqualified opinion.

spurious

They let Gerry Adams in - I think you'll be OK.

godtabh

spurious wrote: »

They let Gerry Adams in - I think you'll be OK.

Whats his criminal record?

watna

spurious wrote: »

They let Gerry Adams in - I think you'll be OK.

kearnsr wrote: »

Whats his criminal record?

Gerry Adam's criminal record or lack thereof is nothing to do with the subject at hand. Please stay on topic. Thanks.

Benedict XVI

heathersonline wrote: »

Any way to find out if I have a criminal record in the USA?

I was in NY in Summer 2000 and had a couple of drinking misdemeanours against me, nothing serious (I was 20 at the time, stupid student). I didnt go to court, had left the country before the Court Date. Now I have no idea whether I was convicted of the charges, so dont know if I have a record over there.

I spoke to a friend in the Gards and he thought I'd be better off not asking the US Embassy as they may drag the charges up. I've been offered a job that will involve travel to the USA, a week here, fortnight there, nothing major. I'm extremely worried about it though, as I'm sure there would be grounds for dismissal if I was arrested while travelling on company time & money. I havent accepted the job yet, but was hoping to tomorrow. Any idea how to discreetly check if I have a record in the USA?

Like a lot of things it all depends on what state you are in.

In MA for example they have a thing called 'Criminal Offender Record Information', you can download a form, get a 'notary public' (like a commissioner of oaths) to sign it, enclose a small fee and send it off in a SAE, they will send you back your info.

Have a look at the official state website for the state you are talking about and you will probably find a similar process.

Sorry, I did not notice from the OP that you mentioned NY

This might help http://www.instantcriminalchecks.com/state-criminal-records/ny-new-york-criminal-background-checks-search-records.html

NY: New York Background Checks

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