BnQ shoplifting

[ericcartman]

Hi,

i got a problem and hoping someone here could help me out, would be greatly appreciated,

 

about a year ago (i just turned 17)

i got caught shoplifting from BnQ, total came to around £100 in goods,

they took me to a back room and called the cops,

 

BnQ people took my details, then the cops asked me why i done it

and who was my friend that was with me ( he got away) cops took down my details

( i also lied about my age, said i was 1 year younger than what i was).

 

i then got arrested and got my miranda right read to me and taken to the copper station,

on the way there i kept asking what will happen to me and

 

the cops said i will get my details taken, my prints, mugshot, and i will get questioned

then do a weekender and probably go to monday court.

 

i started 'begging' them to let me go and all that,

in the station they confirmed my address by calling parents,

they took my details, and asked me about my religion

and some other pointless stuff along the lines of that,

took my photo, then let me go and

said they will send me a letter saying if i get a warning or whatever.

 

Its been almost a year now and ive still had no letter apart from a civil recovery letter thing

from some company representing BnQ or something,

 

it said im banned from BnQ for 6 years, and

if im caught in a BnQ they will press charges and

same with shoplifting from them again, but no fines or anything.

 

because of the line of work i will soon be in i am going to have to get a US visa from their embassy in London,

and i know that if you have a criminal record you may not get a visa

and may be banned for ever from the states,

 

i will also have to declare any arrests/cautions/convictions,

and if i am passing through the US border

and they do a criminal record check

and see that i have a record i will be deported and banned.

 

Does anyone know if i have a record?

and if i will have to declare that i was arrested ?

 

im considering requesting a CRC from disclosure scotland

but i need a copy of my passport which will also have my real DOB, will this also be a problem ?

 

Any help is GREATLY appreciated, and please dont judge, i have learned from my mistakes.

 

Thanks.

Edited April 20, 2014 by citizenB

[BazzaS]

In the UK you don't get "read your Miranda rights" as Miranda was a (famous) US court case.

 

In the UK there is instead the PACE caution.

 

You cannot apply for a standard or enhanced disclosure on yourself.

 

You could apply for a 'basic check', but I'm not sure this would give you what you want.

 

A basic check would show any unspent conviction,

but not any considered spent for the purposes of the Rehabilitation of Offenders Act 1974.

 

http://www.ddc.uk.net/question/can-i-check-myself-or-a-family-member/

 

https://www.gov.uk/disclosure-barring-service-check/overview

 

US immigration / CBP aren't bound by the Rehabilitation of Offenders Act 1974.

 

What happens if you have a caution considered spent under the RoOA 1974

(so doesn't show on a basic check) but the US authorities consider it relevant?

 

You may be better to get as much info as you can and then apply (truthfully) for a US Visa

rather than using e.g. a visa waiver where you only discover you aren't eligible at the border!

 

You might consider SAR 'ing the police as a different approach.

The "wrong date of birth" issue is a further complexity ... That I'm not sure of the best approach to.

[ericsbrother]

Minor things like this wont bother the US immigration if you tell them about it. If you have any drug convictions or even warnings/arrests for drugs that arent followed through they will put you on the next plane home though.

Honesty is the best policy regarding US immigration, sometimes they say no but you can apply for a visa, that has slighly different criteria than the reciprocal UK/US arrangement. Just ask them.

[renegadeimp]

You have to be very careful there eric. The actual denial of entry is up to the Immigration officer you see when they check your passport on the other side. Even minor offences can get you denied if that officer is having a bad day. Of course, you can escalate it to senior officers who will make a final decision, but it is very wise to check first. The OP will likely get in under the visa waiver form, but the best thing to do is speak to the embassy and get it confirmed.

[BazzaS]

You have to be very careful there eric. The actual denial of entry is up to the Immigration officer you see when they check your passport on the other side. Even minor offences can get you denied if that officer is having a bad day. Of course, you can escalate it to senior officers who will make a final decision, but it is very wise to check first. The OP will likely get in under the visa waiver form, but the best thing to do is speak to the embassy and get it confirmed.

 

There is no formal right of appeal to a denial of admission on a Visa Waiver: it was one of the conditions you had to accept when you signed the old paper I-94 form (still in use at land, rather than port or airport) border points.

 

To use the Visa Waiver (and to get on the plane!), you'd need to have an ESTA anyhow : which does give a degree of "pre-screening" ......

 

If the border officer takes against you and you are travelling under a Visa (issued in advance) rather than a Visa Waiver then you have an absolute right of appeal (to an immigration judge). I doubt they would use either refusal without a reason (too much paperwork would result !), but having a Visa makes it much less likely if you have e.g. A conviction for a minor criminal offence and this was FULLY declared as part of the visa application.

 

From: http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html

 

Travelers should be aware that by requesting admission under the Visa Waiver Program, they are generally waiving their right to review or appeal a CBP officer’s decision as to their application for admission at the port of entry. See the CBP website for additional details.

[renegadeimp]

There have been quite a few people with minor convictions ( public disturbance, drunk and disorderly etc,) who got accepted under the waiver system, but were held when they got to the gate. You need to remember, their immigration officers are a law to themselves.

[BazzaS]

There have been quite a few people with minor convictions ( public disturbance, drunk and disorderly etc,) who got accepted under the waiver system, but were held when they got to the gate. You need to remember, their immigration officers are a law to themselves.

 

Absolutely. If you have ANY conviction (even accepting a formal caution, which involves an admission of guilt) : get a visa (declaring the conviction fully during your application) rather than relying on the visa waiver.

[renegadeimp]

Fully agree with you there Bazza. Do people really want to take the risk of paying for the holiday, organising everything, only to get there and be sent back home?

[ericsbrother]

You have to be very careful there eric. The actual denial of entry is up to the Immigration officer you see when they check your passport on the other side. Even minor offences can get you denied if that officer is having a bad day. Of course, you can escalate it to senior officers who will make a final decision, but it is very wise to check first. The OP will likely get in under the visa waiver form, but the best thing to do is speak to the embassy and get it confirmed.

 

Sorry, what I meant was apply for the visa before travelling but it didnt come across as such. That way you will know for certain what they are thinking rather than relying on the immigration officer having a good day or power trip. Anecdotally certain aorports and crossing points are better than others. In NY and Florida they seem to take delight in harassing Brits, come across the border from Canada and they are more relaxed unless you tell them you want to move in permanently..