At wits end over old criminal record.

Humans eh!

When I was young and stupid 18 years ago, I got six months in prison (criminal damage). I hadn't or haven't been in trouble before or since and am now a happy family man with two children and a loving partner. She is a highly qualified published historian with MA, PhD and several publications under her belt. I a presently unemployed graphic designer who minds our children while she works in a non academic job which is under serious threat (thanks Fianna Fail) to pay the rent.
She has been applying systematically for high profile university jobs overseas, esp. in US, where her skills and talents would be valued and she would be fulfilled.

I am at my wits end, she knows alll about my past and believes that if she relocated that I would be ok to enter the US. I have looked into it and believe that I would not be allowed in.
Ireland has no facility for expunging criminal records and I wouldn't jepordise my partners career by lying to US immigration.
I believe that this will split up my family. I will not impede her in her career and envisage her and my children emigrating to a country with a future while I remain here. I wish for my children to have a good future which I don't see happening in Ireland for the forseeable future.

I am getting very depressed and anxious about this and my life will collapse if I have to wave goodbye at the airport. She is more positive and says that we'll cross the bridge if and when we come to it
Can anybody give me some advice please.

Zambia

I reckon you should speak to a migration solicitor or at the very least ask your question here.

http://britishexpats.com/forum/forumdisplay.php?f=34

Because someone on that site has probably been in or is in your position. The brits are forever trying to migrate with skeletons in their closet.

The best thing you can do is stop stressing over it. Ireland is not a hell hole you need to escape from and the US is not worth splitting up a family over.

Sounds like you have a hell of a wife there. Your a lucky man.

kmick

You definitely need to talk to a solicitor but you are right there is no way to expunge your record. However there may be some loophole in US law you can exploit. There are such things as immigration lawyers in the US but I imagine they would be extraordinarily expensive.

Our man in Havana

They will give a free assessment of your case. They are no more expensive than other lawyers and they are specialists in their field. If there is a way they will know.

MagicSean

First of all it seems very strange to get a 6 month sentance for criminal damage if you had no previous convictions or history with the Gardaí. But i will take you at your word. My understanding is that the convictions for drugs and thefts have the most effect on a visa application. Even with that a previous conviction doesn't automatically make you ineligible, especially if it's old. I think you can ring the US Consulate and talk to someone there about it.

Rookster

You should be ok. Did'nt Bertie Ahern get in there to address Congress.

Humans eh!

k_mac wrote: »

First of all it seems very strange to get a 6 month sentance for criminal damage if you had no previous convictions or history with the Gardaí. But i will take you at your word. My understanding is that the convictions for drugs and thefts have the most effect on a visa application. Even with that a previous conviction doesn't automatically make you ineligible, especially if it's old. I think you can ring the US Consulate and talk to someone there about it.

Thanks, I was also accused of assault but this was proven absolutely in court to be fabricated, I smashed up my own stuff (stereo, tv, etc) as my ex partner was selling them to pay off a drug debt and I was furious. The arresting / prosecuting Garda approached me after my release and told me that he thought the wrong person went to jail as she had made up a pack of lies to spite me.

It was a very traumatic time and a two day trial so the judge went to town on me. This was also in the days when a murder was big news and levels of violent crime were much lower, - christ I was in prison with a guy who owed a thousand quid, hardly the mafia.

Reloc8

There's no certainty that your old record will prevent you from traveling. You are better off disclosing it of course. You are correct that there is no mechanism to expunge criminal convictions in this country. It is generally the case that a lengthy period of time since an incident of this nature will be influential in a marginal decision on getting in - influential in your favour that is - particularly if you present well otherwise.

Humans eh! wrote: »

Can anybody give me some advice please.

They already have :-

Humans eh! wrote: »

She is more positive and says that we'll cross the bridge if and when we come to it

Deal with things as they arise, rather than wasting your energy and time stressing about something that has yet to do so.

NUTLEY BOY

A side point arises from this thread.

In Ireland, what constitutes a "criminal conviction" or a "criminal offence"?

Is there a statutory definition of criminal conviction or criminal offence ?

Would it include relatively minor matters such as parking fines ?

MagicSean

NUTLEY BOY wrote: »

A side point arises from this thread.

In Ireland, what constitutes a "criminal conviction" or a "criminal offence"?

Is there a statutory definition of criminal conviction or criminal offence ?

Would it include relatively minor matters such as parking fines ?

For the purpose of a visa it is more about what they consider a conviction and an offence I think.