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can I get stopped Entering America A Crimnal Record

  • 03-03-2017 10:20pm
    #1
    Banned (with Prison Access) Posts: 1,390 ✭✭✭


    Can I Get Stopped Entering America with just 1 Conviction of Shoplifting I was 18 at the time that was over 30 years ago?


Comments

  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    You're more likely to be stopped for making a false declaration (when applying for your ESTA) that for the conviction itself. I wouldn't see it as a blocker if it was that far back but you need to declare it.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Just a practical query but how do US authorities come to have access to AGS records systems?


  • Posts: 0 [Deleted User]


    Maybe call the embassy
    If you make a truthful declaration on the esta, you may be directed to the embsssy anyway, which is were you would have to go if you can't complete the esta online

    Hope you have no issues,
    Andy


  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    It is almost certain that the conviction is spent and does not need to be declare.


  • Registered Users, Registered Users 2 Posts: 92 ✭✭The_Bot


    L1011 wrote: »
    It is almost certain that the conviction is spent and does not need to be declare.

    US immigration law does not recognise spent conviction laws of foreign jurisdictions.

    OP, if you are travelling on the basis of an ESTA answer the questions exactly as they are asked. Only certain arrests and/or convictions must be declared - not all. There is no obligation to answer any questions other than you are asked but you must answer what you are asked truthfully. Same goes when the immigration officers asks you questions at the border.

    If you are applying for an US immigration visa then most likely you will have to declare it as the immigration visa application usually requires disclosure of all arrests and convictions for all offenses (and not just criminal offences) - I know that is certainly the case for spousal visas applications.

    That said, in my view, a single arrest/conviction for non-drug/non violent offence committed 30 years ago that (I assume) resulted in no jail time is extremely unlikely to result in you being denied entry to the US. This assumes you have not been in any trouble since.

    The bigger risk for you is if you lie on the ESTA or other immigration application form and are caught doing same. That is misrepresentation and can result in a permanent ban from entry to the US.


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  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    Just a practical query but how do US authorities come to have access to AGS records systems?

    They don't have access to it. I've lots of convictions and got in no problem, as have many others I know.

    However, I know a guy that declared was going on honeymoon, and they stopped him, wouldn't let him in.

    On an ESTA at the airport if you declare you will have zero chance of getting in, the officials at the border show ABSOLUTELY no flexibility.

    If you do declare, visit the embacy before you travel


  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    Also for future ref! Your conviction is now spent. The spent conviction act has recently been enacted, so for job purposes etc you have no record of conviction as long as you meet the criteria


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    My Request for my personal data from an garda shows date and year 1990 Offence Simple Larceny Result Community Serviece Order 200 Hours .at the the value of the goods was 3 pound


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    The_Bot wrote: »
    US immigration law does not recognise spent conviction laws of foreign jurisdictions.

    OP, if you are travelling on the basis of an ESTA answer the questions exactly as they are asked. Only certain arrests and/or convictions must be declared - not all. There is no obligation to answer any questions other than you are asked but you must answer what you are asked truthfully. Same goes when the immigration officers asks you questions at the border.

    If you are applying for an US immigration visa then most likely you will have to declare it as the immigration visa application usually requires disclosure of all arrests and convictions for all offenses (and not just criminal offences) - I know that is certainly the case for spousal visas applications.

    That said, in my view, a single arrest/conviction for non-drug/non violent offence committed 30 years ago that (I assume) resulted in no jail time is extremely unlikely to result in you being denied entry to the US. This assumes you have not been in any trouble since.

    The bigger risk for you is if you lie on the ESTA or other immigration application form and are caught doing same. That is misrepresentation and can result in a permanent ban from entry to the US.
    I have not being any other trouble since except for False accusations made against me I have letter from An Garda and the dpp saying there was No Basis .


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  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    dar100 wrote: »
    Also for future ref! Your conviction is now spent. The spent conviction act has recently been enacted, so for job purposes etc you have no record of conviction as long as you meet the criteria
    is this True?


  • Registered Users, Registered Users 2 Posts: 1,735 ✭✭✭dar100


    is this True?

    I haven't made it up, google it, one off conviction that don't exceed 12 months prison will be spent after 7 years

    As I've said ice been to America a number of times without declaring my many convictions


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    dar100 wrote: »
    I haven't made it up, google it, one off conviction that don't exceed 12 months prison will be spent after 7 years

    As I've said ice been to America a number of times without declaring my many convictions
    I now will google and try to find this Thank YOU:)


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    This post has been deleted.
    I Just Went into A Garda Station and what the just told me the do not share Data with the usa is this True?


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 608 ✭✭✭Bassboxxx


    I Just Went into A Garda Station and what the just told me the do not share Data with the usa is this True?


    As far as I know that is true.
    As an earlier poster said immigration rely on you incriminating yourself.
    I was on a flight before with several people with records.. One said he had a suspended sentence and was on the flight home before our connecting flight took off..


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Bassboxxx wrote: »
    As far as I know that is true.
    As an earlier poster said immigration rely on you incriminating yourself.
    I was on a flight before with several people with records.. One said he had a suspended sentence and was on the flight home before our connecting flight took off..
    the Thoughts of this nerve wracking:eek:


  • Closed Accounts Posts: 200 ✭✭slovakchick


    Can I Get Stopped Entering America with just 1 Conviction of Shoplifting I was 18 at the time that was over 30 years ago?
    you can get stopped for declaring an arrest


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 608 ✭✭✭Bassboxxx


    the Thoughts of this nerve wracking


    If it's any consolation he drew attention to himself... Everyone else smiled said thank you and enjoyed their holiday.

    I've been several times with a now 15 year old conviction... But I'm not advising you what to do.


  • Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    :)
    Bassboxxx wrote: »
    If it's any consolation he drew attention to himself... Everyone else smiled said thank you and enjoyed their holiday.

    I've been several times with a now 15 year old conviction... But I'm not advising you what to do.
    Thank you for telling me this:)


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