My son is in the USA visiting his father in California, his dad moved there four years ago and my son has visited him four times now, the problem is he was arrested three times when he was 15 (he is now 16). He was never convicted or cautioned or anything, each offence was no further action as it seemed the police are more interested in the people that he hung around with rather than my son. I ticked no to never been arrested and now am worried it will come back to haunt me as my son wants to stay permanently in the USA with his dad. I support his decision as think he will have a better life out there and a fresh start. I have to apply for a police certificate for him, does anyone know if his arrests will show up on this or as he was only 15 will they not show up? Am driving myself crazy trying to find info out, have spoken with a solicitor and even they dont seem to be able to give me any clarity on this. Help!!
You stated: "I have to apply for a police certificate". Apply and see what happens. You should have your answer then. Hopefully your son will be allowed to to live in the US.
Usually juvenile records are sealed and do not follow one as they turn 18. Good luck.
Arrests are not convictions.
If the U.S. and whatever country you are from, (as you have used 'solicitor', I am guessing U.K.), are exchanging hearsay information on a person's suitability in this circumstance, (your son is surely not the first), there would have already been extraordinary uproar.
I believe you are overly worried and the matter should not be a concern. I am subscribed to this thread and trust you will update.
1.) Impossible to give accurate advice when you give no clue as to citizenship/nationalities involved.
2.) That said, I'm sure everything you need to know is here:
We are from england, sorry i wasnt very clear x. Its immigration that am worried about as i said he never been arrested but he has. His father is goong to declare what he has done on his forms and o have read stories of people being sent home. His father is not a citizen he is applying for that this year so he wife who is american would be my sons sponsor. Btw its california they live in
i don't have a criminal record but i have been arrested for Moral Turpitude. i travelled to the US a few weeks ago (landing in Chicago) and took the decision to tick no on the "have you ever been arrested" box. To my surprise the immigration officer didn't even look at my ESTA form ! I was incredibly worried about it but it all went fine and i would certainly choose that route again.
Hope this helps !
I have just recieved a police acro certificate for my son which says no trace! This means the police national database has no record of him so he should be able to go through the immigration process with no problems fingers crossed X