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Question about going on holiday with a common assault conviction


Question about going on holiday with a common assault conviction

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jb
jb
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HI there, just been reading this thread from last year and im confused.


I have two convictions from the same "event"


Assault by beating


Contrary to section 39 of the Criminal Justice Act 1988


 


Assaulting police officer


Contrary to section 89(1) of the police Act 1996


 


unlock states because i have two convictions. I can not complete the visa waiver form and will need to pay for an apply for US visa. Is this correct?


and also how likely are they to turn me away on entry for the crimes. They are not spent until february 2015. and waiver or Visa do not guaruntee entry apparently.


 


I have family in Texas that i would dearly love to see. and visas seem to be expensive and take a long time. Not to mention the phenomenal cost of the flight only to get turned away after 10 hrs on a plane!!?


i would also love to go to New York for a short trip. But worried i can not ever go now.


 


what are peoples experiences of US travel with these convictions??


 



Victor H
Victor H
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jb said...
what are peoples experiences of US travel with these convictions??


https://www.travellerspoint.com/forum.cfm?thread=22639&start=691

As the vibe on that massive post suggest if its just for a holiday go and have fun Smile
dave_uk
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Hi, I am new to the forum, i have an issue that's been bugging me for a long time, i haven't actually been abroad anyway but i not just feel lost about it all with my common assault conviction (section 39).

I am nervous about going anyway, but with having this over me as well makes it feel even worse as i am very scretchy about where i can / cannot go without any issues.

my conviction is spent after this September time, can't remember the exact date, does that matter at all? i know mine is classed as spend after 5 years but wondered if once spend do i not have to declare it for any holiday i go on?

the main two questions i have as well as the above is going to the below places (both with or without a spent conviction, as i don't know the date this year i would be going)

Am i right in assuming i can go anywhere in Europe without having to worry about letting them know?

And also is Norway classed in the same way or would i have an issue going there? i know Iceland is in the EU but i don't think Norway is, can anyone let me know on both things?

Thanks

Dave.
dave_uk
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Yes, i got 160 hrs community service and a fine.

the charge sheet said section 39 on it, can that change at all in court or has that got to be what they sentence you with?

i just hope that it stays the same and couldn't have changed.
dave_uk
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RG, thanks a lot for your replies you have been very helpful.

Can i take all that as i will be not questioned about my past at all if i go abroad? would that also inc usa?

and can you confirm if when your conviction is spend has any effect on going abroad?
dave_uk
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Hi, i didn't realise there had been more replies on this topic since i last look, i didn't get any emails saying so..

I am planning a trip finally to Rome, Italy, i am assuming that will not be an issue being in the EU? this is my first time abroad so i think thats just made going feel more worse as im not sure if anything will happen.

as i mentioned above i was arrested on section 39 common assault, i only have a few months left until it will be classed as spent, although the trip to Italy will be before that.

I also have a question about the post above by Q3 which showed what crimes America look at as involving and not involving moral turpitude, well i'm a little unsure by looking at the post if section 39 common assault would or wouldn't be included?

Of cause i would argue that there wasn't any intent to do serious harm (which truthfully there wasn't) but does section 39 mean you did or didn't when looking at moral turpitude?

would it be looked at as an issue or would they assume my arrest isn't serious if i ever wanted to go to America?
Hobbit
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US = complicated

but as unlock says usually you try your luck and you get in, perhaps best to make a single trip down that way if refused can get back.... also that Dublin or Shannon airport in Ireland offers a pre clearance entry, so that way if you don't go all the way down there only to get refused.

Seriously it looks like Asia/Europe they do not bother too much with these checks, the visa forms on some do ask for criminal convictions ie Russia and China does, rest are fine for the bog standard holidays, guess everyone needs money more so the poorer countries out there. America sadly has the highest criminal conviction rate in the world and also the highest level of standards to get in... perhaps they require the more posher criminal.
Hobbit
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Having a quick check for you on Italy, https://italy.visahq.co.uk/ Confirms you do not need a Visa to enter with a British passport also googling it quickly shows these 2 links:

https://uk.answers.yahoo.com/question/index?qid=20100716033942AAJZyAo

https://www.tripadvisor.co.uk/ShowTopic-g187768-i20-k4027719-Travelling_to_Italy_with_a_criminal_record-Italy.html

https://www.nclt.com.au/#i

The 3 links above look promising, for Europe us brits are very lucky and Europe does not discriminate our past, English speaking countries however do !

Of course do not take my word as 100% I recommend posting up on the italian travel forums here:

https://www.tripadvisor.co.uk/ShowForum-g187768-i20-Italy.html

They surely would know much more.

Also you can contact the italian embassy here:

https://italy.embassyhomepage.com/index.htm

And ask them directly to be 100% sure, other then that Europe is the easiest place to get into for brits regardless of criminal records so enjoy!
Anonymous
Anonymous



Or, you are picked out by immigration for some un-known reason. We all know that a subject access request can be made in minutes, and this can be done from anywhere in the world.

I am sure that some type of cross referencing is made via the ESTA process anyway, because if there was an arrest warrant out on you wouldn't get cleared to enter.


There are no mistakes in life, only lessons.


Anonymous
Anonymous



CategoryCrimes involving moral turpitudeCrimes not involving moral turpitude
Crimes Against PropertyFraud:
  • Making false representation
  • Knowledge of such false representation by the perpetrator
  • Reliance on the false representation by the person defrauded
  • An intent to defraud
  • The actual act of committing fraud

Evil intent:

  • Damaging private property (where intent to damage not required)
  • Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude)
  • Passing bad checks (where intent to defraud not required)
  • Possessing stolen property (if guilty knowledge is not essential)
  • Joy riding (where the intention to take permanently not required)
  • Juvenile delinquency
  • Trespassing
Crimes Committed Against Governmental Authority
Crimes Committed Against Person, Family Relationship, and Sexual Morality
  • Abandonment of a minor child (if willful and resulting in the destitution of the child)
  • Adultery (see INA 101** repealed by Public Law 97-116)
  • Assault (this crime is broken down into several categories, which involve moral turpitude):
    • Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm
    • Assault with a dangerous or deadly weapon
  • Bigamy
  • Paternity fraud
  • Contributing to the delinquency of a minor
  • Gross indecency
  • Incest (if the result of an improper sexual relationship)
  • Kidnapping
  • Lewdness
  • Manslaughter:
    • Voluntary
    • Involuntary (where the statute requires proof of recklessness, which is defined as the awareness and conscious disregard of a substantial and unjustified risk which constitutes a gross deviation from the standard that a reasonable person would observe in the situation. A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter requires only a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly)
  • Mayhem
  • Murder
  • Pandering
  • Prostitution
  • Rape (including "Statutory rape" by virtue of the victim's age)
  • Assault (simple) (any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly)
  • *******y (the offense of begetting a ******* child)
  • Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary)
  • Incest (when a result of a marital status prohibited by law)
  • Involuntary manslaughter (when killing is not the result of recklessness)
  • Libel
  • Mailing an obscene letter
  • Mann Act violations (where coercion is not present)
  • Riot
  • Suicide (attempted)
Attempts, Aiding and Abetting, Accessories and Conspiracy
  • An attempt to commit a crime deemed to involve moral turpitude
  • Aiding and abetting in the commission of a crime deemed to involve moral turpitude
  • Being an accessory (before or after the fact) in the commission of a crime deemed to involve moral turpitude
  • Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude where the attempted crime would not itself constitute moral turpitude.

N/A

From the United States Department of State Foreign Affairs Manual


There are no mistakes in life, only lessons.


GO


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