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What does all this mean PLEASE I AM DESPERATE

27 replies

stressedatnetball · 21/03/2010 22:13

have posted on another thread about the awful situation I have found myself in likelihood is that I will not be charged as I had evidence to prove what happened but I have read on certain threads and websites that the fact I was arrested will go against me for 12 years and may stop things like me being able to enter usa please tell me what to expect as I feel if this is true my career and life aS i KNOW IT IS OVER

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Spero · 21/03/2010 22:17

As far as I know, any criminal conviction involving a fine will be 'spent' after five years - so you don't have to tell anyone around it.

I don't think being charged with anything counts in any situation; usually you only have to disclose convictions and only then for a certain period of time.

I have heard that the US is quite strict and I think any drugs convictions mean that you would not be allowed in... but you need to get advice from someone who knows.

Why not check on the US Embassy website? They ought to have that information there.

I know it is eassy for me to say, but don't panic, take a deep breath, if you haven't even been charged with anything you may be worrying unnecessarily.

stressedatnetball · 21/03/2010 22:20

no not been charged for anything as yet but am dreading what all this means

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Portofino · 21/03/2010 22:23

You have not been charged or convicted of anything! Do not panic! My dh has a drug possession arrest, charge whatever, from years ago. he has been back and forth to the US ever since without issue.

stressedatnetball · 21/03/2010 22:27

thank you portofino that was another huge thing for me as recently had car crash and was planning to use money I have been offered as compensation to take my kids to disney land

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stressedatnetball · 21/03/2010 22:49

bump

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unavailable · 21/03/2010 22:56

If you have never been charged with an offence, let alone convicted, you have no reason to be concerned, either in this country or any other.

OldLadyKnowsNothing · 21/03/2010 22:57

I think you've already had good advice, though I completely understand why you're stressed. Just try not to worry?

(Sorry, I know that's not really very helpful.)

stressedatnetball · 21/03/2010 23:09

i am trying to not worry but have hardly eaten or slept for last 9 days because of all this since police turned up on my doorstep at 9pm on saturday 13th and still have 9 more days til i have to return for bail i know it could be dropped before this but i was told i may also be arrested again on my return and as a childminder an appointment at 3.20pm on my busiest day is unbearable and i do not know what i will have to do about all the children as there are 8 families that would be affected and obviously i don't want to tell them what's going on

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stressedatnetball · 21/03/2010 23:25

bump

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mamas12 · 21/03/2010 23:30

Stressed
Have you contacted CAB?
They will be fab to help and hold your hand so to speak through this ordeal.

Ring them first thing and make and appointment for tomorrow.

stressedatnetball · 21/03/2010 23:34

no have not contacted cab as until yesterday did not really know what allegation was but will try and ring tomorrow only is nightmare as have so little spare time but to take time off at moment would add to stress as would mean no money as well obviously if i find I am not doing my job properly I will have to but hoping keeping busy with working will be good distraction just need to get balance right as obviously it is important I sort all this out

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OldLadyKnowsNothing · 22/03/2010 00:00

I saw your other thread earlier today, and I am sympathetic; you've been put in a dreadful situation because you were being helpful and nice. I'm so sorry.

But you know you're innocent, and you can prove it, so please, try not to let it take over your life.

I'd give you a hug, but you know the MN thing.

{{{stressedatnetball}}} anyway.

stressedatnetball · 22/03/2010 06:30

thank you old lady knows nothing I need support at the moment trying not to let things take over but easier said than done the bit that's worrying me most is that even if they believe I have proved I am innocent is this may linger for the next 12 years and I was just about to embark on a new adventure in my career which a record or any trace of fraud will ruin

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stressedatnetball · 22/03/2010 07:07

bump

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prh47bridge · 22/03/2010 10:45

Unfortunately being arrested means you can't enter the US using the visa waiver program. You would have to apply for a visa. This has a cost (£60 at the moment I believe) and involves attending an interview. The visa would last for up to 10 years. I'm afraid this requirement doesn't lapse after 12 years - the fact you've been arrested means you will always need a visa to visit the USA.

Without knowing more about the new adventure in your career it is impossible to say what effect an arrest will have on that. However, if the police conclude that the allegations against you are false the arrest should not show up on a CRB check, for example.

cantcarryon · 22/03/2010 18:45

stressed - I am in same situation at the moment, arrested after attending as voluntary attender for no good reason. Unfortuneately, ehat prh says about US Visa waiver is correct - but I have not yet found any other consequences. You should get Visa if you do not have a conviction, but it is just a faff going through the process. Other countries (Australia, Canada, NZ) only make special conditions for those with convictions. Not sure if an arrest shows up in an enhanced CRB check - my MP is checking this out for me. Even if it does, if no charges are brought you can explain that you were unfairly accused and completely exonerated.

I would advise you do as I did - go and speak to your MP at one of their regular constituents surgeries. See if you can make a complaint for wrongful arrest. There are strict guidelines the police have to follow and they have to be able to justify why there was no alternative but to arrest you.

I can understand your panic, I went through the same thing but am now calming down as the facts become clear.

You CAN do something about being unfau=irly accused. Speak to your MP, I am sure you will find them really helpful. Helping with compliants against the police is something they deal with regularly.

prh47bridge · 23/03/2010 00:11

Cantcarryon and Stressedatnetball - I'm afraid I don't think you will get a definitive answer on whether arrests show up in a CRB check. For an enhanced check the local police are asked to provide any non-conviction information which they consider to be relevant. It is up to them whether they consider an arrest to be relevant. However, the police would be on very sticky ground if they disclosed an arrest which they knew was based on false allegations.

cantcarryon · 23/03/2010 09:15

That's why i have gone to my MP, prh - to try to get the arrest ruled unlawful and removed from my records.

I think stressed should do the same.

Longtalljosie · 24/03/2010 21:32

Stressed - one thing at a time. I'm pretty sure once the police see your credit card records and hear from your team-mates, this allegation will go no further.

Following that, even if you do need to get a visa to go to the US as outlined above, I don't think there should be a problem once you've explained the situation at interview

violetqueen · 26/03/2010 17:18

Hi Stressed ,didn't realise you were posting over here.
Because I've been arrested and cautioned I had to apply for a visa to visit USA .
It's quite straightforward ,fair amount of paperwork and a brief interview - mine was conducted just standing up ,like at a post office counter .The interview was v quick but the rest of the process takes ages - you have to send away and get paperwork from police to take to interview ,you have to wait for interview date ,you have to wait to get passport back .
So if it does come to it - which it may well not - you'll need to allow about 2/3 months .
It gives you an idea on USA website .
And ,again,if it does come to it ,when you get to USA you may find that they ask details at passport control.
If the worst comes to the worst and you do end up with a caution or conviction ,it will show up on a CRB check ,but that doesn't mean that you can't work with children ,just that the charge is shown .

cantcarryon · 26/03/2010 18:02

Violet, do you know if an arrest will show up on a CRB? OP (and myself) are unlikely to be convicted, or even charged, as the allegations are bullshit, but the arrest is on record.

violetqueen · 26/03/2010 19:31

Hi cantcarryon - my CRB thingy - headed
" Enhanced Disclosure " has a section headed
Police Record of Convictions ,Cautions ,Reprimands and Final Warnings "
so it looks as though arrests don't appear .

Don't suppose you could go for being " de arrested " - from what I've read thats only possible if you are arrested outside a police station and I think you said you attended on voluntary basis ?

prh47bridge · 26/03/2010 22:05

Violet and Cantcarryon - As someone who dealt with child protection for a voluntary organisation until recently I can tell you that an enhanced disclosure might include arrests. At the bottom of the disclosure is a section headed "Other relevant information disclosed at the Chief Police Officer(s) discretion". The police can put anything they want in here - arrests, ongoing investigations, intelligence they have received and so on. It is entirely up to them. If they conclude that the allegations are false they shouldn't include them.

CRB disclosures are not available to most employers. It depends on the nature of the job.

stressedatnetball · 27/03/2010 09:10

the police won't tell me anything they say I can only speak to these two pc's who are both off til tuesday I rung yesterday and told the police how desperate I was feeling and they told me the duty sargeant would phone me but he hasn't if truth be told I am scared to death that because they are not there when I go on tuesday I will be rearrested and if that happens I do not know how I will cope I have spoke to doctors twice but they can't really help me other than keep an eye on me update is the police won't tell me anything they say I can only speak to these two pc's who are both off til tuesday I rung yesterday and told the police how desperate I was feeling and they told me the duty sargeant would phone me but he hasn't if truth be told I am scared to death that because they are not there when I go on tuesday I will be rearrested and if that happens I do not know how I will cope I have spoke to doctors twice but they can't really help me other than keep an eye on me

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violetqueen · 27/03/2010 10:00

regarding arrests showing up on CRB checks - yes ,sorry didn't mean to confuse.
The form does have a space for police to disclose anything else they deem relevant .
Makes sense ,ongoing investigations for example would need to be considered.
Tho it does seem from wording and structure of form ,that they are mainly interested in convictions and charges ,rather than arrests.

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