# Traveling With Prison Record For Harassment



## woohoo2009 (Feb 3, 2009)

I got convicted in 2006 for harassment of an ex girlfriend. I had a mental breakdown and I continued to break the bail conditions. Whilst In custody I attempted to hang myself - I was told that they had no choice but to sentence me for 10.5 weeks (which I served just 18 days due to early release) so I could get treatment, for my own safety and to stop my continued harrassment.

In hind sight they should have sectioned me - but am told the courts don't have that power. That is strange because the police do.

Anyway I got help and rebuilt my life together with studying for a new career.

It is now three years - do you think they will let me visit?? when I declare??

Thanks


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## editor (Feb 3, 2009)

I'd say you really should get some proper legal advice on this one.


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## woohoo2009 (Feb 3, 2009)

Yeh. Obviously its up to me in the interview to show I have moved on and rebuilt my life. I never ignored the law - that is the truth.


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## AnnO'Neemus (Feb 4, 2009)

Care in the community = criminalise people in need of help  

One of my neighbours got arrested a few years back for breach of the peace and/or trespass type incident (probably didn't do himself any favours when they tried to move him on either).  I managed to track down which nick he was in, to reassure him that someone was looking after his dog while he was locked up (it used to fret and bark if it couldn't find him).  It was very late at night, and I realised they were going to keep him in overnight and put him in front of the bench in the morning, so I said to the cop/custody sergeant, 'You have called a doctor to see him, haven't you, you do realise he's a paranoid schizophrenic and also an alcoholic and hasn't been taking his meds?'

Fast forward a couple of hours and he rings my doorbell at around 2 or 3am in the morning.  He's standing there barefoot, asking for his dog back.  They'd chucked him out, barefoot, with no money to get a cab or a bus home, miles from home, probably either didn't want the responsibility for faffing about calling out the duty doctor or didn't want to be responsible for someone who might totally flip because they'd denied him access to a doctor.

If another neighbour hadn't mentioned they'd heard on the grapevine he'd been arrested, and if I hadn't managed to track him down, he'd probably have been fined or charged with something or other, when he actually needed the help of the mental health services.  It's scary to think how easy it is to criminalise people who are ill.


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## AnnO'Neemus (Feb 4, 2009)

But back to the OP:  Yeah, you need proper legal advice.   Have you tried calling an organisation like Mind?  They might be able to suggest some lawyers who do have mental health and immigration experience?

Or can you or someone else make an anonymous enquiry of the US embassy visa section, not giving your name, but explaining the situation and asking them directly how to go about it and what to do?


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## _angel_ (Feb 4, 2009)

AnnO'Neemus said:


> Care in the community = criminalise people in need of help
> 
> One of my neighbours got arrested a few years back for breach of the peace and/or trespass type incident (probably didn't do himself any favours when they tried to move him on either).  I managed to track down which nick he was in, to reassure him that someone was looking after his dog while he was locked up (it used to fret and bark if it couldn't find him).  It was very late at night, and I realised they were going to keep him in overnight and put him in front of the bench in the morning, so I said to the cop/custody sergeant, 'You have called a doctor to see him, haven't you, you do realise he's a paranoid schizophrenic and also an alcoholic and hasn't been taking his meds?'
> 
> ...






That's sad, and the OP's situation sounds like it should never have happened.


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## TomPaine (Feb 5, 2009)

You will need a visa to go on hols to the US in this situation I believe. I would get legal advice. What I think will happen (I'm not a lawyer) is, you will go for the interview and they may ask you to see a doctor associated with the embassy (all immigrants to the US have to have a medical for example).
At the medical the doctor will then check you out, and I presume you will present him with the details of your breakdown etc. He will then draw up a report which the embassy will use to decide to issue you a holiday visa.

Get some legal advice though, and save up some cash, the medical will be well over a hundred quid if they tell you to get it.


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## woohoo2009 (Feb 5, 2009)

I may not tell them about the mental issues thou. I will just say I was in a bad place - but have moved on. New career. New life. Surely I hope that is enough. It was 3 years ago as well - time must help surely???!! It's helped me!


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## TomPaine (Feb 5, 2009)

> . It was 3 years ago as well - time must help surely???!!



I'm not sure really ... for example Amy Winehouse was refused a visa, then they went back on that last year, and she had just been done for smoking crack and been in the police station for various things. 
However Boy George was refused a visa, probaly because the court case was still on going and the type of crime supposedly committed by him (later on found guilty evidently).

I'd get some legal advice, they will tell you the best way to go about it. Im sorry it isn't an easier process, but US immigration services are pretty hardcore.


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## Upchuck (Feb 5, 2009)

Has Cheryl Tweedy been to the states?  If she gets in ok we all should.  She was done for assault (abh?).


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## woohoo2009 (Feb 5, 2009)

TomPaine said:


> I'm not sure really ... for example Amy Winehouse was refused a visa, then they went back on that last year, and she had just been done for smoking crack and been in the police station for various things.
> However Boy George was refused a visa, probaly because the court case was still on going and the type of crime supposedly committed by him (later on found guilty evidently).
> 
> I'd get some legal advice, they will tell you the best way to go about it. Im sorry it isn't an easier process, but US immigration services are pretty hardcore.



yeh but my conviction is for harassment not drugs/violence....its ironic because bush had a conviction for drink driving....so if the president has a record then surely.....


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## TomPaine (Feb 6, 2009)

> yeh but my conviction is for harassment not drugs/violence....its ironic because bush had a conviction for drink driving....so if the president has a record then surely.....



Yes well welcome to the world of the hypocrit. You have my senitments exactly.


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## woohoo2009 (Feb 7, 2009)

well i may not have to go through all the admin stuff like visiting the embassy as my company i work for may send me over to work in the usa next year. i work in IT for microsoft. yes they know..... they gave me a chance. so i suppose if your sponsered that must help surely?? they do the admin work themselves!!


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## TomPaine (Feb 8, 2009)

woohoo...

I'll be brutally honest with you. The US embassy in London says that if you have ever been arrested, let alone charged (yes stupid I know, but I don't make the rules) you have to request a visa for going on holiday or visit for business. 
Now if you read US immigration paperwork, then there is a little bit more to it then that above. It suggests the US embassy in London are wrong, but that is up to a lawyer to explain, not myself or anyone else who has been through the system I am afraid... also there are waivers, which will be accepted at the discretion of the US immigration services.. but you need a laywer once again.
Please see a laywer and play by their rules as it is the least painful method.

Anway....
If you want to move to the US for work....... you will 100% have to go for an interview for an HB1 visa or whatever they are called these days. Your company will only do the sponsoring of your visa, you will have to go to the embassy, you will have to fill out the paperwork yourself, and you will have to attend the medical if they ask you too.
If you stay in the US after they have given you a work visa, you will have to go through the medical again, and the police certificates etc. It will also cost you a lot of money.


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## woohoo2009 (Feb 8, 2009)

i will try and get my record removed - the girl who pressed the charges is willing to help me do this. i will speak to mental health charities before doing so. this i beleive will help my chances greatly.


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## woohoo2009 (Feb 8, 2009)

TomPaine said:


> woohoo...
> 
> I'll be brutally honest with you. The US embassy in London says that if you have ever been arrested, let alone charged (yes stupid I know, but I don't make the rules) you have to request a visa for going on holiday or visit for business.
> Now if you read US immigration paperwork, then there is a little bit more to it then that above. It suggests the US embassy in London are wrong, but that is up to a lawyer to explain, not myself or anyone else who has been through the system I am afraid... also there are waivers, which will be accepted at the discretion of the US immigration services.. but you need a laywer once again.
> ...



thanks for your help. do famous people have to go through this or do lawyers etc do the work for this on their behalf (due to being in the public eye)

cheryl cole is in the states at the moment and she got convicted of gbh???


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## TopCat (Feb 10, 2009)

Cole is rich, you ain't, she was done for assault BTW not GBH.


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## woohoo2009 (Feb 11, 2009)

what gets you in is either a show of good character or money?? right??


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## woohoo2009 (Feb 11, 2009)

duplicate post


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## aylee (Feb 18, 2009)

_angel_ said:


> That's sad, and the OP's situation sounds like it should never have happened.



I agree that it's a sad story, but these situations aren't straightforward .... doesn't the ex-girlfriend have a right to lead a life without being harassed?  From her point of view, the fact that the OP was ill at the time probably didn't make the harassment any easier to deal with.




> In hind sight they should have sectioned me - but am told the courts don't have that power. That is strange because the police do.



The court doesn't have the power to "section" someone, in the sense that the only body with the power to compulsorily detain someone for treatment is a pair of appropriately-qualified psychiatrists.  However, the court can order you to be detained under section 37 of the Mental Health Act until a Tribunal is happy that it is appropriate that you should be released.

The police do not have the power to "section" someone.  They have a strictly limited power under section 136 of the Mental Health Act to detain someone in order to take them to a place of safety if they have reason to believe that they are need of care and control.  The power is limited to 72 hours and requires the police to have the detained person examined and to make appropriate arrangements with the local mental health bodies for treatment or review.


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## wanizame (Feb 28, 2009)

I am currently resident in the US in DC. The situation as it stands now is (and I can tell you this much from direct experience!)..

During the 2007 information sharing agreements made with various countries including Oz, US, etc the US Customs & Immigration can now see your conviction record if you have one. Just for informations sake, they cannot be given access to an arrest record, so if you have one keep shtum, they will not know! Convictions will show and the more serious the conviction the more likely it is your application will be denied. I had previous convictions which had never shown up on any previous visit and I had made loads of visits! and then appeared in 2008 on my next entry. I was stopped and interviewed and fortunately, due to the non serious nature of the conviction (12 yr old breach charges) was admitted. However I was advised that I would need a visa for re-entry and had to complete the process. As I am here obviously they let me in.

There are two major factors here that will be difficult for you. First, the US embassy will ask if your crimes involve violence or threatening behaviour. Harassment will almost certainly fall into this category. Second, on the  application, they query if you have suffered from a mental or psychiatric disorder. This may also go down badly as it can be interpreted as showing to you to be unstable. The time lapse is also important. The guidance on the site states that the more time that has elapsed since a conviction and if you have continued to be of good character the more likely your application is to be accepted. That your employer is sending you has some benefit to your application as it demonstrates that they have faith in your ability (I am here working also) to do this. 

You will in all probability need to undergo examination or provide evidence of your rehabilitation. They will also ask for a Police National Certificate from ACPO (Ass. of Chief Police Officers) Look them up online. You will need this prior to interview and it must be dated within six months of your interview date. Cost currently £35 or £70 for priority. ACPO also have a step down model of conviction summaries and this tells you when your conviction becomes irrelevant. Although it never goes away it stops showing on immigration certs and the likes after a while. Mine only disappeared this year..12 years to lose a breach charge! I hope some of this helps to give you a clearer picture at least.


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## wanizame (Feb 28, 2009)

One last piece of info. They may also ask for your court records! Your ACPO certifcate will show your convicton so it can't be denied. But if you are asked for the court records omitting to mention anything that may be in them (attemped suicide etc) is probably unwise..


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## wanizame (Mar 2, 2009)

Last & final..Although I was asked to obtain my court records, I wasn't required to produce them..or my financial statements (Can I Afford to Live Here? Do I have a Sponsor?), or my court transcript. Showing willing (Nuthin to hide M'lud!) will serve you well. I can give you the details of a visa lawyer if you need...V. good and inexpensive..

US is stoopid crazy on looking as though you trying to hide stuff...dis kinda stuff be guaranteeing lawnmower Ass is grass. It'll get you in trub without breaking sweat...


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