Just advice

sexysub

Hi

Does anyone know how long it takes for a conviction to go on ur record, due up tomorrow.... conviction expected for petty crime, but travelling to US next week will Homeland know??? This is seen as moral turpatude in the eyes of Homeland. Thanks

seamus

What was the crime? That's what really matters.

Conviction is irrelevant - if you've ever been arrested for a crime involving moral turptitude, you are obliged to declare it.

sexysub

Hi Seamus,

The crime was theft

seamus

Still depends on what you're specifically being charged with.

In general, any crime against property, which theft is, is considered by the USA to not have involved moral turptitude if the offence was committed accidentally - so walking out of a shop and forgetting to pay for something, for example.

If you committed theft intentionally or are being charged with a theft offence that relates to an intentional act, then you will be required to declare that to Homeland security for the purposes of the Visa Waiver program and you won't get in.

sexysub

Right that makes it a lot clearer. If tomorrow gets put back which is what my solicitor is aiming for as we havent met to go through statements etc, and I dont go to court before I go, should I have a problem getting through?

seamus

You will still be legally required to declare it. You don't have to have been convicted of such a crime, only arrested for it. If Homeland finds that you've lied on your Visa Waiver declaration you can expect a lengthy prison spell before you're sent home.

Also ask your solicitor if there are any ramifications for you leaving the country while there's a criminal case pending against you.

Goesague

seamus wrote: »

Still depends on what you're specifically being charged with.

In general, any crime against property, which theft is, is considered by the USA to not have involved moral turptitude if the offence was committed accidentally - so walking out of a shop and forgetting to pay for something, for example.

If you committed theft intentionally or are being charged with a theft offence that relates to an intentional act, then you will be required to declare that to Homeland security for the purposes of the Visa Waiver program and you won't get in.

That is ridiculous. If you are convicted of theft it means you have committed a crime of moral turpitude. If you walk out of a shop, forgetting to pay and you are believed, then you have not committed theft. You did not have the mens rea. All that is recored is the conviction. The background is not recorded. Conviction under Section x of the Theft Act.
You can't half commit a theft any more than you can't be half pregnant.

Tom Young

We don't do advice here. See charter.

seamus

Goesague wrote: »

That is ridiculous. If you are convicted of theft it means you have committed a crime of moral turpitude. If you walk out of a shop, forgetting to pay and you are believed, then you have not committed theft. You did not have the mens rea. All that is recored is the conviction. The background is not recorded. Conviction under Section x of the Theft Act.
You can't half commit a theft any more than you can't be half pregnant.

It probably was a bad example.

A better example would be accidentally handling stolen goods, i.e. being sold something which was stolen and you were unaware of this. I still don't know if this is a crime in Ireland, but it is in the States.