If a case is thrown out by the judge on my police file will that show as No crime?

[soulbug]

Due to my arrest for a false allegations, charges been made, but the judge throwing the case out as a "abuse of process", how will that show on my record, as I am wanting to travel to America, I am going to go down the official route, obtain the report / certificate and apply for a visa.

I am concerned due to the seriousness of the reason for arrest and the seriousness of the charges, even though I committed no crimes, they may refuses me a visa to travel to America simply because of the seriousness of the whole situation

Has anyone got any advice or past experience please.

:-/

[Casehardened]

Hi Soulbug,

felix was in your situation & did a lot of research into this. If you do a search for his posts you will find a lot of information in them; this is one of them:

http://www.daftmoo.org.uk/mooforum/s...d.php?3351-Usa

The summary was that an arrest precludes someone for applying for an electronic visa but one can be obtained from the Embassy (with the correct documentation)

No-one has ever posted that they have been refused a visa when applying in person so hopefully you will get to enjoy your trip!

[soulbug]

Hi CH, thank you for your reply, I am going to call the ACHO / police helpline today, as I have filled in my application for the release of information, I'm going to pay extra for the faster service, I shall keep the forum updated, so hopefully it will help others in the future.

I am going to ask the police helpline for these certs what is likely to show up etc considering, arrest, charge, but ultimately thrown out by the judge.

Which seems like a situation I cannot really find anyone's past experience detailed, usually, arrest, no charge, or arrest, charge, conviction.

Somewhere in the middle, arrest but charged, but been thrown out by the judge, seems to be a mid ground, I assume my situation defaults back to simply been arrested, but nothing out there to confirm this.

[Rights Fighter]

I don't the the answer to your question so will be interested as to how things turn out for you.

What has been mentioned here or on PAFAA is that you might still be able to go but you would have to ask for a 'special visa' - or something like that. I have an idea that if an allegation has been made against you, and you want to go to the USA, they would require you to go down that route.

They take each case on it's own merit.

[soulbug]

Hi R.F , thank you for your reply , indeed i am going to go down the official route , the first part involves me obtaining a ACRO police certificate , that requires a signed and dated photo from someone of good authority , police officer, doctor , big long list etc , but they cannot be a family friend , then you fill in a 8 page document , but its 8 pages in size but not really too much filling in required , there is two options 10 day service (£45) for the certificate or a 2 day premium service costing £80.00 .

So i have filled that in , i have spoken with the helpline today to confirm 3 points :-

1)The 2 different documents to prove your current address , what can i use :- anything that is on official headed paper , e.g bank statement , bills etc the usual stuff , I asked if a bank statement do you require the full pages recieved , she said "NO" all we need is the headed paper with the date and your address on , you can chop off the rest !!! which i think is pretty good.

2) I do not have a colour printer and scanner at home , for my passport copy , can i use a blank and white photo copy , the operator confirmed that would be fine

3) Due to my situation , Arrest , Charge and been thrown out of court what is likely to show on my ACRO police certificate considering i have never been in trouble before or after that event , She replied :- your certificate should come back as "No Trace" because i was found Not Gulity , I then said , but i was'nt found not gulity by a jury the case was thrown out , she replied that it should still come back as "No Trace"

So thats my basic questions answered , i shall keep the thread updated , as i guess this will be helpfull for other people and i imagine at the eye , i will compile the whole process into a easy to read detail of events and situations

So fingers crossed

[falselyaccused]

out of curiosity, why was the case viewed as an abuse of process? From what i've read, these judgements are very rare?

[soulbug]

out of curiosity, why was the case viewed as an abuse of process? From what i've read, these judgements are very rare?

Hi F.A , basically I was arrested in 2011 for a alleged case of sexual abuse back in the early 80's this would of made me not even a teenager based on the dates , there was in law at the time a Doctrine called Doli Incapax if aged between 0- 10 then you was classed as incapable of guilt , but if a person was aged between 10 - 14 then they are considered as incapable of guilt but it was rebuttable subject to proof that you knew what you did was actually considered as wrong/evil .

I went not guilty it was a false allegation , but due to the complications of Doli Incapax for the prosecution , Chris and Tania (solicitor and Barrister) successfully argued that the time had passed and how could it be proved regardless of me going not guilty that I was at the time of the mind of knowing what I was falsely accused of doing was indeed wrong , I still had to go to court lots of times and until it actually reached the judge who was going to judge the case , nothing was happened other than a hoping and praying , any way the judge listened to the arguments put before him , the judge decided it was impossible for the Jury regardless of direction that they could consider the evidence with enough understanding of a Childs mind in the 80's some 25 or so years later , he also said my mind had changed and my opinions would of changed so how could I even stretch that far back to demonstrate my state of mind to be able to rebut Doli Incapax , therefore it was incapable to give me a fair trial......and that is explaining it briefly.

The judge in the end stopped the whole case as a abuse of process and put a permanent stay on the case , basically it can never be resurrected ( or I think that what it means !!)

[whatsgoingon?]

Hi Soulbug, that's great news. Don't worry about the visa, it's highly unlikely you'll be refused, it just costs more and takes longer than the internet visa exemption process. You may well have to go for an interview. Again, don't worry, just give the facts. You won't be the first or last.

Getting the visa doesn't actually give you the right to enter the US - just to travel there () so don't be surprised if you're interviewed again by immigration when you get there. It's all just procedure really.

As far as the case getting thrown out by the judge, you may be able to get a letter from the court stating just that - for this you need to ring the general office at the court concerned.

Good luck.

[soulbug]

Really , that sounds embrassing been asked by the customs/borders officer on the point of entry , did they ask you extra questions ?

is it a regular thing ?

[whatsgoingon?]

I'm not saying it will happen, just that it can happen, so it's best to be aware of that. Yes, it's a regular thing. People get interviewed by American immigration for all sorts of reasons, even things like 'Why is an american not doing this job?' when a person from another country comes in on a temporary work visa.

That's why I mentioned that it might be useful for you to get confirmation that it was thrown out by the court which would endorse what you say and perhaps save you more embarrassment.

It's very understandable for you to be apprehensive, but they get all sorts of situations all the time, for them it's just procedure. I think this is because (so they say...) the US police don't arrest unless they've done a certain amount of investigation first so to have been arrested for anything is considered more serious than in the UK.

[soulbug]

Thank you Whatsgoingon , that is helpful to know , as I was wondering , how do I explain/prove to the USA visa place in London , that it resulted in no conviction , especially after speaking to the ACRO police info helpline , when they told me , due to no conviction that my record will simply show "no trace" , I shall contact the court and obtain a certificate/letter to prove it went no further etc...

My ACRO police cert came through this morning in the Post , I paid for the priority service and from me posting it out and to receiving it back , was around 48 hours !! The certificate in my case is just one single page , with my full details on and my colour print of my photo I sent , the certificate states "No Trace" , basically nothing on my record , it does not show any dates of arrest and it does not show anything else, as I have no past convictions

So I think I shall be contacting the USA visa people early next week to arrange my interview !! not cheap this business...

Current cost 80.00 for cert , but if you was happy to wait 2 weeks , it would of cost 45 , but kind of needed it sooner rather than later .

I shall post details of all costs , so it will help people to see the costs involved , travel expense , interview with visa people , ACRO police cert costs and I'm sure there will be more to include !! my guess £300.00 or there about , but hopefully that will get me the full 10 year visa subject to

[Rights Fighter]

Great stuff. I think that solicitor Chris would have the certification of case dumped / NG. Worth asking.

[lawlessone2009]

Superbly informative thread.

Once you have the final pieces of information would it be okay if I carry out a 'copy and paste' job and then generate a 'sticky' for it?

I will of course give full credit to you for supplying the info.

[whatsgoingon?]

Superbly informative thread.

Once you have the final pieces of information would it be okay if I carry out a 'copy and paste' job and then generate a 'sticky' for it?

I will of course give full credit to you for supplying the info.

Great minds think alike, L1. We really need an 'Going to the USA' sticky.

Good luck with it all soulbug - you can only be honest and up-holding (btw.... when you go for the interview, collar and tie + jacket - Americans respect formality when it comes to official stuff).

[Rights Fighter]

Great minds think alike, L1. We really need an 'Going to the USA' sticky.

Good luck with it all soulbug - you can only be honest and up-holding (btw.... when you go for the interview, collar and tie + jacket - Americans respect formality when it comes to official stuff).

Or just smart casual wear - no jeans. If the the weather is the same as it is now and you are sweating wearing a colour and tie + jacket it could be construed as nerves (ie potential guilt).

I say the same thing when going to court. I've known people sent down who attended wearing a suit and found not guilty when wearing jeans. If you are comfortable then you are less likely to give off signals that could be misinterpreted.