Found not guilty ... Do I have a criminal record?

Andy95 · 03-10-2010 7:31pm #1

Howyez. I was wondering if you were found not guilty after being arrested, charged and brought to court, would yez have a criminal record?

Any help would be great. Ta.

Sunnyisland · 03-10-2010 7:36pm

There would be a record of you being brought to court and being charged with an offence so yes i suppose you would have a record, not 100 per cent sure but think so

Andy95 · 03-10-2010 7:45pm

would that record prevent me from getting into the US? Even if i was cleared and found not guilty?

Turner · 03-10-2010 7:48pm

You have no criminal convictions if you were found not guilty... or in other words innocent.

So yes you can travel to the US and beyond.

Andy95 · 03-10-2010 7:54pm

Sorry to be a pain about this ... But does the nature of the offence alleged have any bearing on it? Or is it that once found not guilty, you are cleared and your criminal record is as clean as if you had never been arrested and prosecuted?

Our man in Havana · 03-10-2010 9:37pm

Chief--- wrote: »

You have no criminal convictions if you were found not guilty... or in other words innocent.

So yes you can travel to the US and beyond.

The US authorities count an arrest as a record and they ask specificity if you have ever been arrested. So being acquitted of a crime does not clear you in their eyes. They see it as a no smoke without fire situation and thus draw their own conclusions.

“Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more ----“

Delancey · 03-10-2010 9:55pm

What defines an offence as being one of '' moral turpitude '' - sex crimes ?

Victor · 03-10-2010 10:01pm

delancey42 wrote: »

What defines an offence as being one of '' moral turpitude ''

Anything that people would see as being a bad person, it excludes minor traffic and public order offences, so everything from shop-lifting up. If one is unsure, talk to an immigration lawyer or the embassy.

cursai · 03-10-2010 10:16pm

'IF' you were found not guilty! You do not have a criminal record! as for the 'Been Arrested' part. There is no problem! You could be arrested for a criminal offence for investigation, be deemed not a suspect and later released without charge. This couldn't in any reasonable circumstances be held against you!

Our man in Havana · 03-10-2010 10:24pm

Tell that to the US immigration.

cursai · 03-10-2010 10:31pm

Haddockman wrote: »

Tell that to the US immigration.

Like i said 'reasonable circumstanes!!!!!' Its just another loophole to catch people out on! But they dont have the manpower,will or access to catch the op out this way!

Zambia · 03-10-2010 10:43pm

cursai wrote: »

Like i said 'reasonable circumstanes!!!!!' Its just another loophole to catch people out on! But they dont have the manpower,will or access to catch the op out this way!

As stated above if you are convicted you have a criminal record.

If not then there is just a record on the Garda /DPP systems. To say what happened.

The question really is what records do the US Immigration have access to. Because should you answer "No" and have been arrested. Lying on a form is grounds for refusal.

Chances are thats all they need to ask the Gardai was this person ever arrested?

The bold part above is really what you need to know.

Our man in Havana · 03-10-2010 10:53pm

The answer to that question in bold is simple. None. They do not have any access to PULSE or other Garda databases.

Adam89 · 13-03-2011 10:30am

Hi I was givin the probation act last summer and I've already payed for a J1. Was wondering would this be a problem? On the form there was a question saying have I been arrested or convicted of a crime, as it was a yes or no answer i picked no cos I wasn't convicted of a crime. Should I be alright?

Our man in Havana · 13-03-2011 10:32am

Yes, provided you stick to your story.

Adam89 · 13-03-2011 10:34am

What dye mean stick to my story??? As far as I know when applying for a J1 your meeting with the embassy is like going to the bank, simple over the counter chat, I'm just worried about when they hold onto my passport and check my background!

Our man in Havana · 13-03-2011 10:44am

Tell me how can they check your background? They can only go on what you tell them.

Adam89 · 13-03-2011 10:48am

Really is that all they can do?? How could they ever find out if you've a criminal record then? You don't need a Garda Clearance for a J1 like? Few of my friends have done J1's before and some have been into the Embassy already for their interviews for this summer and they all said they hold onto your passport to do a background check?? If their not holding onto it for that what are they holding onto it for? Cheers for the help by the way! Worrying alot less now!

davmol · 15-03-2011 4:44pm

They hold onto your passport to stamp in teh visa.WHen i did my J1 a couple of my friends had been arrested for various reasons,they didnt disclose that.None fo us were refused entry.

MagicSean · 15-03-2011 4:51pm

If you are arrested in the States your record will most likely come out and then you are proper f****d. Also, if someone where to inform them of your record and they investigate it I believe they can request your record as part of their investigation. Is it really worth it?

studdlymurphy · 16-03-2011 1:12pm

If you pleaded guilty to the offence U.S. immegration see it as a conviction even if you were found innocent. as yuo firstly admitted guilt. It all depends on the crime comitted minor crimes are no problem but the more major the crime the more hassle you will have.

16-03-2011 1:16pm

If you plead guilty you can't be "found innocent". If you plaed guilty then that's it, you are convicted, you have a record.

studdlymurphy · 16-03-2011 1:21pm

innocent as in the case not being a conviction

Marcusm · 16-03-2011 1:28pm

Adam89 wrote: »

Hi I was givin the probation act last summer and I've already payed for a J1. Was wondering would this be a problem? On the form there was a question saying have I been arrested or convicted of a crime, as it was a yes or no answer i picked no cos I wasn't convicted of a crime. Should I be alright?

In order to be given the benefit of the probation act, I that you will have had to appear before avcourt prior to which you have to have been charged with an offence. IN order to be charged in Ireland, you must first have been arrested.

While I understand that the courts regard a probation as a conviction it can be registered as such on the Pulse computer. Irrespective of this, you have been arrested. You should get the J1 forms out again and see if there is a type of offence, does it refer to "moral turpitude" like the ESTA form?

I'm not sure what sort of checks the US Embassy does on formal visas as opposed to Estas. F they do a Garda check, it would be surprising if the arrest at least does not turn up. There are lots of stories about US immigration taking a dim view of "mistakes" in the application forms. Also there is effective appeals procedure for a visa denial which would be stamped in your passport.

Would suggest you get checking....

Our man in Havana · 16-03-2011 1:41pm

They don't have access to Garda records, but they can request you submit a copy of your record.

Found not guilty ... Do I have a criminal record?

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