How is a dismissed court case going to effect a student visa

[Humsafar]

Hi everyone,

I am an Indian Citizen. I went to USA for a visit. Where the Cops arrested me with 3 g of marijuana and prescription medicine( I had a prescription). I have deeply regretted about the above situation.

I went to court, where I hired a lawyer who continuously misguided my case and churned more and more money. I was a foreign national who was very naive about the law. I was sentenced 1 month prison and a $100 fine. I also pleaded guilty. This happened 1 year 2 months ago.

After completing the jail sentence and paying the fine, I came back to my country, India. Now I have got admission from top tier MBA colleges in UK. I am applying for a UK student Visa.

After coming back to India, I consulted another criminal lawyer who told me that he can pass a motion to get my case dismissed and than sealed.

If I manage to get the case dismissed do I have to declare about the above in the UK Visa form? I am concerned about these questions

1) Do you have a conviction in any country?
2)Apart from criminal conviction does any thing suggest that your character is not good?

See as far as I have researched I found out that a dismissed case is spent as soon as it is dismissed in the court. That means can I answer no to both the questions above legally? But than I pleaded guilty, will that effect my Visa?

Please guide me further!!

Also please suggest an Immigration Solicitor. I am looking for the best solicitors even if they are very expensive, please suggest

Thanx in advance guys!!

Please help!!

[Humsafar]

Come on guys, plz help!!

[vinny]

See also When can I refuse on the grounds of criminal convictions – paragraph 320 (18)? and
Any good law firm recommendation?

[taiwanluthiers]

I am no lawyer but as far as I know, wouldn't a dismissed case be considered "spent"?

I know Canada accepts that as having a conviction "spent".

At least the good thing it seems (from the link) is that the spending of convictions are automatic... but it's something like 7 years for offenses that resulted in less than 6 months of prison.

Regrettably, you may not be allowed back into the USA since they have draconian laws on convictions, and people have been deported on much less serious offenses and excluded for life!

I have the same situation however and I would appreciate some answers on this since non-English speaking countries (other EEA countries in other words) doesn't seem to have clear cut rules regarding this... not sure if this is more subject to personal interpretation by consular officials.

[ElenaW]

As far as I know. If it was dismissed, it's considered spent.

[taiwanluthiers]

As far as I know. If it was dismissed, it's considered spent.

Not in the United States though... people have been deported due to "spent" or "expunged" convictions! But everywhere else seems to treat a "spent" conviction as nonexistent. For example, in the UK you don't even have to declare a "spent" conviction.

[ElenaW]

As far as I know. If it was dismissed, it's considered spent.

Not in the United States though... people have been deported due to "spent" or "expunged" convictions! But everywhere else seems to treat a "spent" conviction as nonexistent. For example, in the UK you don't even have to declare a "spent" conviction.

Oh yeah totally agree. I meant in the UK. The US is ridiculous when it comes to convictions. But who would want to live there anyways?

[Humsafar]

Hey does any one have any proof/links/laws which states that Dismissal of Case after pleading guilty will be considered spent in the UK?
Also I checked the link, but there are many lawyers on that OCIS(may be a spelling error)

But than my career is going to depend on that
Does someone has a personal recommendation?
lol UK is the second best place to live after USA!!

[ElenaW]

I've heard many good things bout Laura Devine. I'm not too sure about the others.

I'm from the us and I'm way sick of it. UK's better haha.

[Humsafar]

Lol what is really good is Travelling and more travelling. Every place has its own charm!

[PaperPusher]

Your case hasn't actually been dismissed yet though.

[Humsafar]

It has not! But my lawyer, who is very renowned, is very optimistic that it will be. Also who gets 1 month jail for 3 g of marijuana(first offense) and medicines for which I had a prescription but were not in original container. I am also positive that the sentence was illegal.
But than anything can happen!

[Humsafar]

Also just in case it does not get dismissed(I hope that does not happen). I am still entitled to apply for a visa.
The UK Visa law is that the application will normally be refused if the same conviction if happened in UK, will attract a sentence for more than one year.
The maximum punishment in UK for possession of marijuana is 5 years but generally for the first conviction a warning or a fine is given.
If the case does not get dismissed than chances are reduced but than there are still chances.
Any comments?

[ElenaW]

I agree with your lawyer. I think it'll work out for you.

[avjones]

I have no idea what is meant by "dismissed" in this context, it's not a UK term. If you've pleaded guilty here, and been sentenced, that is that.

It doesn't matter what the actual sentence is for an offence, it's the maximum sentence possible that is counted.

"To be refused under paragraph 320(18), the applicant needs only to have been convicted of a crime which carries a maximum sentence of 12 months. They do not have to have received a sentence of more than 12 months, nor to have served a sentence of more than 12 months to be refused."

So you'd need to wait for the conviction to be spent under the Rehabilitation of Offenders Act

[taiwanluthiers]

I think dismissed basically means that later on (after time served) the defendant was either given an unfair trial, or more evidence gives reasonable doubt to the guilt of the defendant, then the judge must dismiss the case, which basically means that the original guilty verdict (and therefore any judgment) is overturned.

I think in that context, you should be able to treat this as a spent conviction, and not report it.

However it doesn't work for the US because all it takes to be inadmissible or deportable is an admission of guilt, actual verdict does not matter.

In the UK if you are given a sentence of less than 6 months (according to the link given above), your conviction is automatically spent after 5 years... anymore than that (up to 30 months) you have to wait 10 years. Sentences of over 30 months cannot be spent.

At least it's good that UK gives criminals who repent a second chance.... USA offers no such chance for anyone with even a minor conviction, as people (who are lawful permanent residents) have been deported for minor convictions that happened over 20 years ago. This was due to some obscure 1996 law that provided for the deportation of "aggravated felons" yet gave little to no definition of what that is, so the INS (USICE now) basically took anyone who was convicted of a bad-looking crime (irrespective of the severity of it, or how long ago it happened) and deported them under that law. Unfortunately there are no relief available for people deported under that law and the person is banned from the US forever.

That's "War on Terror" for you!

[avjones]

Spent after 7 years, rather than 5, for a prison sentence under 6 months, I think.