If they declare them they may be called in for an interview and still be granted permission to enter the US.

Failure to declare is adding dishonesty to the mix which will be a bad idea.

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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> on behalf of Barbara Hecht <bh@hechtmontgomery.co.uk>
Sent: Monday, December 19, 2022 8:51:44 PM
To: erickawoya@tiscali.co.uk <erickawoya@tiscali.co.uk>
Cc: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk>
Subject: Re: SPENT CONVICTIONS
 
Our laws  in relation to spent convictions only apply in this jurisdiction and not in the US. From memory the US ask if you’ve ever been arrested, let alone convicted ….so the answer is he needs to declare his convictions or he risks (as you say) criminal proceedings if discovered on arrival/during his trip.

Barbara Hecht

Hecht Montgomery Solicitors

 

Van Gogh House

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Isleworth

Middlesex TW7 7DL

 

25 North Row

London

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bh@hechtmontgomery.co.uk

 

 

 

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The Principal of this firm is Barbara Hecht


On 19 Dec 2022, at 19:36, erickawoya at tiscali.co.uk (via members list) <members@mail.lccsa.org.uk> wrote:



Dear All

I have a client charged and convicted 20 years ago, Under S. 20 GBH, he was convicted  for 3 years but served half of that and by 2001 he was released under licence, and in Dec 2001 he received a Hospital order.

For Assault occasioning Actual Bodily Harm - he received absolute discharge, as he was on medication.

My understanding is that this charges are considered spent.

However If my client wants to travel to the US whether he has to declare them?.

And in any event if the DBS is done and it turns out to be positive he can be locked up, in case he does not disclose them

I am in your hands I need help and clarification.

Kind Regards

Eric Kawoya 

 

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