Criminal record for train fare evasion??

Davidp77

Hi

Was hoping someone could clear something up or point me in the right direction.

In May 2006, i was caught without a ticket on a train. My own fault i know but had money problems at the time and thought i would chance it. Eventually I received court summons and was due in court of Dec 2006. I was found guilty and had to pay about £100 fine and £100 court costs.

I had not thought anymore about it until my family have booked a holiday to USA next year. Does anyone know how I can find out if this has led to a criminal record? There were no police involved so believe there may be a chance that it is just a civil matter? Also, don't now know if I am being completely paranoid but have been reading that having any sort of criminal record will lead problems into getting into the USA which seems a bit unfair for a minor offence like this?

Would appreciate any advice on this?

Many thanks

Davidp77

Quentin

The USA Embassy has an online checker you can use to see if you can travel there without a visa:

http://www.usembassy.org.uk/cons_new/visa/visa_wizard.html

It's anonymous so you can enter your "criminal record details" and see if they mind without them knowing who you are.

(If your court case was dealt with by the county court, then it was a civil matter, and you have no criminal record, though you mention you were "fined"??)

anewman

I'm sure you'd know if you had a criminal record. I suspect this is just a civil case involving the reclaiming of costs.

LandyAndy

Quentin wrote: »

The USA Embassy has an online checker you can use to see if you can travel there without a visa:

http://www.usembassy.org.uk/cons_new/visa/visa_wizard.html

It's anonymous so you can enter your "criminal record details" and see if they mind without them knowing who you are.

(If your court case was dealt with by the county court, then it was a civil matter, and you have no criminal record, though you mention you were "fined"??)

If you have ever been convicted of any offence other than motor violations dealt with by post then you are not eligble for 'visa waiver' is how I read it.

The Rehabilitation of offenders act does not apply.

MrSmartprice

anewman wrote: »

I'm sure you'd know if you had a criminal record. I suspect this is just a civil case involving the reclaiming of costs.

Absolutely wrong! Travelling without a ticket is a criminal offence and the OP clearly states that they were fined and had to pay costs in addition. So the matter was dealt with in a magistrates court. Our local free rag carries lists every 2/3 weeks of people convicted for not having tickets on trains.

The fact that police were not involves does not mean it was a criminal matter. I was a TSO for 25 years and prosecuted hundreds of people for all sorts of offences without any police involvement. Their criminal records are still just as real.

Davidp77

Thanks for the replies.

All the web sites that I have looked at implied that it would have led to a criminal record. I phoned the courts and the clerk that I spoke to said that they didn't think it would but couldn't give me any further information.

How do I find out if I have a criminal record, is there any government/police thing i can check/ring.

Sorry to sound stupid but the visa waiver thing has confused me. Do people just fill this out on the plane and tick no to most things so they aren't even questioned? If i have a criminal record I will have to apply for a visa but this isn't guaranteed? Is this right?

I'm just hoping i'm not being too paranoid and that me acting a bit stupid is going to affect the holiday??

Thanks

David

Quentin

Which court heard the case? The magistrates deal with criminal offences, county courts with civil matters (ie not criminal cases).

Davidp77

Hi Quentin

It was South Western Magistrates in Clapham

David

dzug1

To be picky it doesn't really matter a toss whether the UK thinks OP has a criminal record or not - it's what the US think that counts. And what he did is either theft or fraud, both crimes (or offences if you'd rather avoid the word) involving moral turpitude and therefore needing a visa which under strict interpretation of US law must be denied.

Now there are exceptions for trivial offences which allow the ineligibility to be waived, either by Embassy staff or (after a lengthy delay) by Washington, so that's a possibility here.

In reality if you go under the visa waiver/ESTA scheme and tick the NO box, they really aren't going to know. Not for something like this.

finnis

Someone I know had a criminal record for the same offence. Your record will be expunged after 5 years. The individual I know was granted an electronic visa to go to Australia but phoned the embassy for advice and ended up getting a conventional visa to be on the safe side. Wasn't a problem and gave them peace of mind in advance of their holiday.

And, no, it wasn't me. And no jokes about Australia and criminal records, please

ailuro2

From the website posted above....

Question 8 : Arrests & Convictions

Some applicants are uncertain how to answer the question, "have you ever been arrested?"

In general, minor motoring offenses outside the U.S. that were disposed of by paying a ticket by mail have no bearing on admission to the United States. Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The Embassy and the Live Operator Information Service cannot provide any further guidance on this matter until you appear in person before a consular officer.

If a traffic offense occurred while you were in the United States, and you have an outstanding fine against you, or if you did not attend your court hearing, it is possible there may be a warrant out for your arrest and you will experience significant problems when applying for admission at the U.S. port of entry. The Embassy cannot assist you in this regard. You must resolve the issue before traveling, by contacting the court where you were to appear. If you do not know the address of the court then information is available from the Internet at http://www.uscourts.gov/links.html [direct link].

Is the full extent of your history of legal violations limited solely to minor traffic offenses that did not result in your arrest and/or conviction?

If you go on and answer NO to the question it tells you to apply for a VISA and that you are not eligible to apply via the visa waiver programme.
Because it's a minor offence then you can be hopeful that they will let you in, but don't risk getting caught and turned away after the plane lands.