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lmf.43

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lmf.43 | 12:56 Thu 14th Feb 2008 | Criminal
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i did something stupid when i was young that i feer disqualify me from entering the us

do you know how long finger prints are kept on record if one is convicted of carrying a leathal weapon and also how long befor the the conviction is spent.

How can i find this out
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(2-part post):

A criminal record is for life and relevant documentation (including fingerprints and, more recently, DNA profiles) are retained for life. (In fact, it's likely that DNA profiles will be retained indefinitely, since they might help to convict the children or grandchildren of long-deceased offenders).

The length of time it takes for a conviction to become spent depends upon the sentence. Most non-custodial sentences have a 'rehabilitation period' of 5 years. For prison sentences up to 6 months, the period is 7 years. For prison sentences above that, but not exceeding 2� years, the period is 10 years. (Those rehabilitation periods are halved if the offender is 17 or under at the time of conviction. Convictions resulting in prison sentences exceeding 2� years are never spent).

http://www.lawontheweb.co.uk/rehabact.htm
However, there are some circumstances where convictions are never regarded as spent. In particular, convictions are never spent when applying for jobs within, or alongside, the 'caring professions' (medicine, teaching, etc) or in the 'administration of justice' (police, prison service, etc). Also convictions are never regarded as spent in situations covered by the laws of other countries (unless the relevant country has similar 'rehabilitation' legislation). i.e. your conviction will never be regarded as spent when applying for entry to any country which requires UK citizens to obtain a visa.

Officially, you must seek a visa to enter the USA. However, most people simply 'forget' their convictions and enter the USA (illegally) under the Visa Waiver Program. The US authorities have no direct access to UK criminal records. They won't know about your conviction and they won't have your fingerprints on file. The only information which the UK is allowed to pass on, under EU law, is specific information about particular people where there is 'justifiable cause'. (i.e. the US authorities will know about drug-traffickers, child-sex tourists, suspected terrorists, etc. They won't know about you).

Chris

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