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?

pirelli

Simply apply online for a NYPD police record search. It costs fifty dollars and will do the same search a police officer will do if he arrests you while your in america,except you wont get into trouble.

You should probably be ok.

http://www.nyc.gov/html/nypd/html/record_inquiries/public_inquiry.shtml

Worldismyidea

Talk to a US immigration lawyer. Chances are your company will put you in contact with one since, undoubtedly, you will need a visa in order to work in the United States.

krd

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?

the charges probably only stand in NY state. and probably there's no record that could come up unless you were arrested for something else.

it's unlikely they'll try and nab you.

We all do foolish things when we're young,,, like heroin and breaking into peoples houses...

As long as youi can keep your nose clean you'll probably be fine.

(if you have a new passport it also helps)

heathersonline

Thanks for all the advice folks, particularly the record search, I think I'll go down that route. Its funny how these things can come back to haunt you, 5 minutes of stupidity!!

IRISH RAIL

while we are on his topic does anyone know the limits of an offence to be refused entry to the states, Im sure they wouldnt turn you away if you were convicted of not paying your tv licence? would they

McCrack

IRISH RAIL wrote: »

while we are on his topic does anyone know the limits of an offence to be refused entry to the states, Im sure they wouldnt turn you away if you were convicted of not paying your tv licence? would they

9.9/10 the Probation Act is used for such an offence. A criminal conviction is not recorded against the defendant.

pirelli

IRISH RAIL wrote: »

while we are on his topic does anyone know the limits of an offence to be refused entry to the states, Im sure they wouldnt turn you away if you were convicted of not paying your tv licence? would they

McCrack wrote: »

9.9/10 the Probation Act is used for such an offence. A criminal conviction is not recorded against the defendant.

No I think he means what offences, There is a good or well indexed irish criminal law book (o' faolain ) 1956) that lists all the offences in order of felony and summary offences and misdeameanours. I would say any felony would be a problem, unless it is spent and contrary to popular belief there is theoretically a spent convictions system in the country somewhere, So a spent felony for theft a very long time ago might not be an issue. Some of these would be considered spent. So just non spent felonies, and not misdemeanours except probably homsexuals.

Victor

Irish and American felonies and misdemeanours probably don't match (in any case, we ahve abolished the distinction). The decideing factor is whether you commited a crime of "moral turpitude".

http://en.wikipedia.org/wiki/Moral_turpitude

http://foia.state.gov/masterdocs/09fam/0940021aN.pdf

krd

IRISH RAIL wrote: »

while we are on his topic does anyone know the limits of an offence to be refused entry to the states, Im sure they wouldnt turn you away if you were convicted of not paying your tv licence? would they

There is no limit on a offence that may cause you to be turned away from entering the states.

On a visa waiver they can stop you without reason. and you have no right of appeal.

I doubt very much, they are concerned with Television licence crimnals. As there is no TV licence in the US.

Where not paying your TV licence in Ireland is a very serious crime.

You will have to live with your own guilty,, the US immigration authorities are not going to be too concerned you didn't pay your fair share for the fine production of fair city.

What does concern them is involvement in drug trafficking, terrorism, and being involved in the persecuetion of the jews in Europe in the 30's and 40's

There is something else they are concerned about. Acts of moral turpitude. By not paying your TV licence you have commited a heinous act of moral turpitude..... if you admit this act to 'le migra' -- you'll have some explaining to do.

I wouldn't worry. If they'll let a wanted fugitive like Michael Lynn, flit in and out like a butterfly,,, they'll let in a TV licence fiend

McCrack

pirelli wrote: »

No I think he means what offences, There is a good or well indexed irish criminal law book (o' faolain ) 1956) that lists all the offences in order of felony and summary offences and misdeameanours. I would say any felony would be a problem, unless it is spent and contrary to popular belief there is theoretically a spent convictions system in the country somewhere, So a spent felony for theft a very long time ago might not be an issue. Some of these would be considered spent. So just non spent felonies, and not misdemeanours except probably homsexuals.

Come on now a 1956 text?
As has been stated the distiction between felony and misdemeanour has been abolished since 1997.

There is no mechanism whatsoever in this country for a convicted person to have his convictions 'spent'. Former Justice Minister McDowell did consider it and it may well be introduced in the future.

Any criminal conviction may prevent a person entering the US on business or pleasure.

krd

McCrack wrote: »

Come on now a 1956 text?


Any criminal conviction will prevent a person entering the US on business or pleasure.

That is not quite true. Even with a criminal conviction, your entry is at the discretion of the department of homeland security.



The US authorities generally have no way of finding out if you've been convicted in the past of a criminal offence. They generally let you through. If you have a serious past conviction, you have to apply directly to the US embassy and you may not use the visa waiver. Then it's at the discretion of the embassy.

A serious word of warning. If you have a previous minor drug conviction. Be careful. A friend entered the US on a waiver. They had received a fine for possesion of half an ounce of hash. While they were in the US, a psycho bitch called the authorities to say they had been convicted in Ireland as a drug felon. This got my friend 3 months in an American jail, followed by deportation. For lying on the waiver form.

Anyway what's a crime in one state is not a crime in another.

Take Michael Lynn. He has been able to move with absolute freedom in an out of the US and various European states without once being harassed by immigration officials, despite the fact he is a wanted fugitive in Ireland. He has not been convicted ,, and may never be,, as he knows the law very well.

heathersonline

Well from what I've read above, I don't believe my offence could be interpreted as "moral turpitude" (thanks for that, v. interesting) and I have never had any legal issues here in Ireland. I think I'll be ok and I can go ahead and accept this job