Court records destroyed

[mmb 0]

I'm waiting for packet 3 right now and have sent of for a police check frim both Scotland and England.

In 1979 I had a minor conviction and was admonished, this would be considered spent for most reasons and under Scottish Law the 20:40 rule applies (it was more than 20 years ago and I'm now over 40 with no more convictions).

As I don't feel I want to risk lying on the form I contacted the court to find out how I could get a copy of the record.

I discovered the court no longer exists, it's work taken over by another local court. The court that has taken over has no records from the court Iappeared in.

I contacted the office of the Procurator Fiscal who confirmed there are no records from that time. He has agreed to provide me with a letter to confirm this. I feel this is a bit of a Catch 22.

Anyone have any ideas if I'm doing the right thing? (the guides just don't cover this )

[Boiler 43,634]

US does not have a 20/40 rule, or anything similar.

You declare it to the best of your knowledge.

Include the letter explaining why no court information is available.

[mmb 0]

US does not have a 20/40 rule, or anything similar.

You declare it to the best of your knowledge.

Include the letter explaining why no court information is available.

Thanks, that's why I asked the fiscal to send me the letter.

I knew my mispent youth would catch up with me one day.

I just hope the consulate will accept it.

[munchkins 0]

Hi there

do not worry about it, we are parents going through our daughter and we had the same problem, hubby had an offence over 35 years ago and we could not get any records for it from anywhere. We even wrote to the Archives centre in Kew as advised by the County court where he was convicted.

I explained this to the embassy and as long as you can show that you have done all possible and have the letters to prove this, they are fine about it. You should be OK

Sorry, computer went crazy for a minute, did mean to say whatever you do, do not lie, just make sure that for the missing records you have all the paperwork i.e any letters to show what you have done to try and find out about them and the responses you have received.

[mmb 0]

Hi there

do not worry about it, we are parents going through our daughter and we had the same problem, hubby had an offence over 35 years ago and we could not get any records for it from anywhere. We even wrote to the Archives centre in Kew as advised by the County court where he was convicted.

I explained this to the embassy and as long as you can show that you have done all possible and have the letters to prove this, they are fine about it. You should be OK

Sorry, computer went crazy for a minute, did mean to say whatever you do, do not lie, just make sure that for the missing records you have all the paperwork i.e any letters to show what you have done to try and find out about them and the responses you have received.

Thanks, I'm glad i'm not the only one to be in this situation. I had no intention of lying, but was worried about telling the truth without records to back me up.

As well as the letter from the Procurator Fiscal I think I'll ring around and see if there is a record centre for Scotland as they might be able to give me something in writing as well.

I hadn't thought about showing the consulate copies of letters I sent asking for information, I'll include those too, if they don't want them they don't have to read them.

PS was the waiver you had to file caused by his offence? do I need to find out how to file a waiver?

Edited November 1, 2006 by mmb

[Boiler 43,634]

What was the conviction for.

How old was he.

What was the sentence.

[mmb 0]

What was the conviction for.

How old was he.

What was the sentence.

you asking me?

[Boiler 43,634]

What was the conviction for.

How old was he.

What was the sentence.

you asking me?

[munchkins 0]

What was the conviction for.

How old was he.

What was the sentence.

you asking me?

yes, Boiler is asking you Our waiver was filed for offences that my hubby committed when he was 17 -24, nothing serious but they then count as multiple convictions and there was nothing we could do even though he is now nearly 53 and has never offended for over 28 years

If you were a minor and it was only one offence and from what you say I think it was and it was only a minor conviction then you will probably be OK - but do not hold me to that as I am not a lawyer. You really need to do some research and the USCIS site has plenty about excludability and waivers

[mmb 0]

What was the conviction for.

How old was he.

What was the sentence.

you asking me?

yes, Boiler is asking you Our waiver was filed for offences that my hubby committed when he was 17 -24, nothing serious but they then count as multiple convictions and there was nothing we could do even though he is now nearly 53 and has never offended for over 28 years

If you were a minor and it was only one offence and from what you say I think it was and it was only a minor conviction then you will probably be OK - but do not hold me to that as I am not a lawyer. You really need to do some research and the USCIS site has plenty about excludability and waivers

Thanks munchkin, I wasn't a minor but the offence was, I do want to be prepared just in case.

I hope everything goes well and fast for you and your hubby.

Maggie