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JPKandCAK

Are you required to get a subject access for a caution?

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Just wondered if you're required to get a subject access for a police caution? I'm just waiting for my interview date now and the NVC didn't need it.

Cheers


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Christian (25) USC

Jessika (23) UKC

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http://www.facebook.com/jessitoburrito

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I have read that people whose police report says "No live trace" rather than "No trace" get a subject access report. I don't even know what a subject access report is, just passing on something I've read.

Here's some past discussion:

The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent', or ignored, after a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention their conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings. The “No Live Trace” indicates that information may be available relating to a ‘spent’ conviction. “No Trace” indicates a clean police record.

I asked ACPO to provide an explanation of No Live Trace, this is their reply:-

NO LIVE TRACE - this means that you do have a Police record and

information is held about you on the Police National Computer. This

information does not appear on your Police Certificate as it has been

'stepped down' in accordance with the Retention Guidelines for Nominal

Records held on the Police National Computer. The Retention Guidelines

for Nominal Records can be found on the ACPO and Home Office websites.

It must be stated that although your conviction/s may have been 'stepped

down' they still form part of your criminal history. If asked whether

you have been convicted of a criminal offence, you must declare all

convictions. If your Police Certificate states 'NO LIVE TRACE' and you

have not declared your convictions, you may be asked to explain this

outcome which could delay your visa application.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I have read that people whose police report says "No live trace" rather than "No trace" get a subject access report. I don't even know what a subject access report is, just passing on something I've read.

Here's some past discussion:

My police certificate came back with a caution on it.. It doesn't say no trace or no live trace.. it just says.. caution. Hmm.. A caution isn't a charge or a conviction. I guess i'ill just see if they request it at my interview :)


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Christian (25) USC

Jessika (23) UKC

<3

http://www.facebook.com/jessitoburrito

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I had my interview in London in May and was in the same situation as you (I got a caution in 2005). I took the subject access with me and they did ask for it. For the sake of £10 it's not worth the risk.

When you apply for the subject access make sure you put a letter in with the application explaining you need it for a US visa interview in London. I got mine in 7 days by doing this. otherwise they say it can take up to 40 days to process the subject access.

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My police certificate came back with a caution on it.. It doesn't say no trace or no live trace.. it just says.. caution. Hmm.. A caution isn't a charge or a conviction. I guess i'ill just see if they request it at my interview :)

From what I've read, a caution is something you plead guilty to and to the US government, they count it as you were charged with a crime.

I had my interview in London in May and was in the same situation as you (I got a caution in 2005). I took the subject access with me and they did ask for it. For the sake of £10 it's not worth the risk.

When you apply for the subject access make sure you put a letter in with the application explaining you need it for a US visa interview in London. I got mine in 7 days by doing this. otherwise they say it can take up to 40 days to process the subject access.

Thanks for confirming that the embassy wanted a Subject Access for a caution. Good information.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


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Share on other sites
 
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