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If I have a Spent Conviction How do Other countries view it??


If I have a Spent Conviction How do Other countries view it??

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AB2014
AB2014
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Harry53 - 27 Jun 22 7:42 PM
Was - 27 Jun 22 7:37 PM
You are complicating issues. "Does this mean you can never visit a country EVER because of viewing internet porn?" is no if it is simply "internet porn". However, it is a hard yes in the US if it is underage porn. 

If you want to go the full "I'm saying no" to everything then the chances are that a foreign country will have no access to your criminal records. 

But if you are still subject to SOR/SHPO then your PPO could flag your passport if you tell them you plan to travel abroad. If you don't tell them you will be guilty of a breach. Once an order is over, then it is a lottery but not a criminal offence in the UK

People here are meant to be law abiding citizens with a criminal record. I would never suggest that people still under an order take a chance with lying. It's a moot point about what an individual can do once an offence in the UK is legally spent. I can't tell you what to do in your own personal circumstance,

You  misunderstand me. I will not lie within the SOR /SHPO period. No way. Never want to go to USA and my CPO will not issue a green notice on any travel I have as I feel that he knows me well enough. When my passport has no flag on it once I am finished with my 10 years SOP I hope I can travel to more countries if I choose. I am lawa abiding and would never step over the line. It simply will destroy me. 

It is not your local officer who decides whether to issue a green notice. The information they provide is passed to the force's HQ, which is then passed on to (I think) the National Crime Agency, or maybe ACRO or the Home Office. The decision is taken at one of those higher levels. I'm sure I read that on here in a different thread. Anyway, don't assume that because your local contact has a realistic assessment of you that others will share that view. By all means test the waters with a country where you aren't obliged to disclose, and see what happens. The risk assessment will include your destination, so some countries might automatically lead to a green notice, regardless of any assessments of you. As Was quite rightly said, the only link between foreign countries and your criminal record is the police. Once you notify the police of your intention to travel abroad, you bring that link into play and you shouldn't assume that somebody at a higher level of authority won't issue an alert.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Harry
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Was - 27 Jun 22 7:37 PM
You are complicating issues. "Does this mean you can never visit a country EVER because of viewing internet porn?" is no if it is simply "internet porn". However, it is a hard yes in the US if it is underage porn. 

If you want to go the full "I'm saying no" to everything then the chances are that a foreign country will have no access to your criminal records. 

But if you are still subject to SOR/SHPO then your PPO could flag your passport if you tell them you plan to travel abroad. If you don't tell them you will be guilty of a breach. Once an order is over, then it is a lottery but not a criminal offence in the UK

People here are meant to be law abiding citizens with a criminal record. I would never suggest that people still under an order take a chance with lying. It's a moot point about what an individual can do once an offence in the UK is legally spent. I can't tell you what to do in your own personal circumstance,

You  misunderstand me. I will not lie within the SOR /SHPO period. No way. Never want to go to USA and my CPO will not issue a green notice on any travel I have as I feel that he knows me well enough. When my passport has no flag on it once I am finished with my 10 years SOP I hope I can travel to more countries if I choose. I am lawa abiding and would never step over the line. It simply will destroy me. 
Was
Was
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You are complicating issues. "Does this mean you can never visit a country EVER because of viewing internet porn?" is no if it is simply "internet porn". However, it is a hard yes in the US if it is underage porn. 

If you want to go the full "I'm saying no" to everything then the chances are that a foreign country will have no access to your criminal records. 

But if you are still subject to SOR/SHPO then your PPO could flag your passport if you tell them you plan to travel abroad. If you don't tell them you will be guilty of a breach. Once an order is over, then it is a lottery but not a criminal offence in the UK

People here are meant to be law abiding citizens with a criminal record. I would never suggest that people still under an order take a chance with lying. It's a moot point about what an individual can do once an offence in the UK is legally spent. I can't tell you what to do in your own personal circumstance,
Harry
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AB2014 - 27 Jun 22 2:13 PM
Harry53 - 27 Jun 22 10:49 AM
So we are told we do not have to disclose our previous life once the conviction is spent. That is in the UK, so what about visiting other countries? I recently posted about visiting a beautiful lady in Uganda, only to discover the visa asks if i have previously been refused entry or have a criminal conviction in the past.

I was refused entry to the Philippines  and New Zealand (as posted a few times) and have a conviction (4 years left of my 10 years.) So would I be breaking other countries rules by not admitting to them as it was in the past and now Spent ? As for the refused entry would they know if I said no ?

What is anyones understanding of the legal situation of all this? It certainly is not clear. For the UK yes, but not for other countries

As I understand it, the Rehabilitation of Offenders Act 1974 only applies in England & Wales these days, although travel to Scotland, Northern Ireland, the Channel Islands and the Isle of Man shouldn't be a problem. Beyond that, no country has to consider whether a conviction in the UK is spent or rehabilitated. OK, Canada does have to give consideration to whether a UK conviction is spent under the ROA, but they have the power to ignore that if they can justify it.... I did notice that you referred to your 10 years, and if that's a 10-year SOPO or SHPO, then your conviction isn't spent until that order ends.

If you notify foreign travel to the police, they should do a risk assessment. That might include whether they know you have to disclose to get in, and that might give them leeway to disclose because they can say non-disclosure is immigration fraud. In the specific example of Australia, they have a law banning any foreign national who has been convicted of an offence that involves a child or children. They would also assume that if you want to get into the USA, if you disclose you will be refused, which they can then use to justify disclosing on your behalf and also raising your risk level.... I'd say wait until the police are no longer involved, then make your own decisions. Yes, that's four years away, but once a foreign country is told of your record, they won't forget it.

Thank you for a good informed reply. I fully understand I have to complete the 10 years SOR and SHPO for non disclosure to the UK, but as I am retired that doesn't particularly affect me, only insofar as I can apply to Google to accept "the right to be forgotten" on net searches. 
 I have no plans ever to visit the USA or Oz and if I visited a country that asks on the landing form "have you ever been convicted?" - answering no could be dangerous but how would they know? Does this mean you can never visit a country EVER because of viewing internet porn ? As for answering "Have you ever been refused?" - well I did not have the right visa when visiting my daughter to NZ and I guess a green card was issued when I returned to see friends in the Philippines 4 months after visiting (very unfairly), so once again, i ask, how would a country know ? Currently I avoid countries that ask these questions, but I was hoping that in 4 years time I could travel freely. 10 years of being free from online child abuse and a totally reformed person, surely counts for something. My CPU officers know me well enough to know I am very anti online child pornography or any child abuse, as I have always been. 
AB2014
AB2014
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Harry53 - 27 Jun 22 10:49 AM
So we are told we do not have to disclose our previous life once the conviction is spent. That is in the UK, so what about visiting other countries? I recently posted about visiting a beautiful lady in Uganda, only to discover the visa asks if i have previously been refused entry or have a criminal conviction in the past.

I was refused entry to the Philippines  and New Zealand (as posted a few times) and have a conviction (4 years left of my 10 years.) So would I be breaking other countries rules by not admitting to them as it was in the past and now Spent ? As for the refused entry would they know if I said no ?

What is anyones understanding of the legal situation of all this? It certainly is not clear. For the UK yes, but not for other countries

As I understand it, the Rehabilitation of Offenders Act 1974 only applies in England & Wales these days, although travel to Scotland, Northern Ireland, the Channel Islands and the Isle of Man shouldn't be a problem. Beyond that, no country has to consider whether a conviction in the UK is spent or rehabilitated. OK, Canada does have to give consideration to whether a UK conviction is spent under the ROA, but they have the power to ignore that if they can justify it.... I did notice that you referred to your 10 years, and if that's a 10-year SOPO or SHPO, then your conviction isn't spent until that order ends.

If you notify foreign travel to the police, they should do a risk assessment. That might include whether they know you have to disclose to get in, and that might give them leeway to disclose because they can say non-disclosure is immigration fraud. In the specific example of Australia, they have a law banning any foreign national who has been convicted of an offence that involves a child or children. They would also assume that if you want to get into the USA, if you disclose you will be refused, which they can then use to justify disclosing on your behalf and also raising your risk level.... I'd say wait until the police are no longer involved, then make your own decisions. Yes, that's four years away, but once a foreign country is told of your record, they won't forget it.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Harry
Harry
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Posts: 86, Visits: 190
So we are told we do not have to disclose our previous life once the conviction is spent. That is in the UK, so what about visiting other countries? I recently posted about visiting a beautiful lady in Uganda, only to discover the visa asks if i have previously been refused entry or have a criminal conviction in the past.

I was refused entry to the Philippines  and New Zealand (as posted a few times) and have a conviction (4 years left of my 10 years.) So would I be breaking other countries rules by not admitting to them as it was in the past and now Spent ? As for the refused entry would they know if I said no ?

What is anyones understanding of the legal situation of all this? It certainly is not clear. For the UK yes, but not for other countries
GO


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