Is a simple caution a conviciton?

[NachoMexicano]

Hi i ve benn doing some research and i confirm that a simple caution is not a conviction,and in the sheet about the issue that offender were given clearly says that is not a conviction, and as far as im converned this is a official document given by an authority, so why people is concerned about this, if in the us aplication form only ask for arresst and convictions?

[evil__sheep]

who is "concerned about this"?

[NachoMexicano]

people who was given a simple caution

[sir.prize]

A police caution administered for the purpose of disposing of a criminal offence should not be confused with the caution used for the purpose of advising a suspect of their right to silence. A police caution (more properly known as a simple caution) is given by the police and is a non-statutory disposal for adult offenders.

The purposes of a formal police caution are -

to deal quickly and simply with less serious offenders;
to divert them from unnecessary appearance in the criminal courts; and
to reduce the chances of their re-offending.

[Buenchico]

As you state, the forms only refer to 'arrests and convictions'. (So, as I previously posted and you've correctly indicated, you can lawfully answer 'None' since your caution was not preceded by an arrest).

However the actual wording of the US Immigration and Nationality Act states:
" . . . any alien convicted of, or WHO ADMITS HAVING COMMITTED, or who admits committing acts which constitute the essential elements of -
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), is inadmissible"
http://www.fourmilab....t8-12-II-II-1182.html

Since a person can't be cautioned unless they admit their guilt, it could reasonably be argued that any who has been cautioned for an offence involving 'moral turpitude' or 'controlled substances' has admitted carrying out that offence (thus rendering them inadmissible for entry to the USA).

However your caution is clearly unrelated to 'controlled substances' and it definitely doesn't seem to be 'moral turpitude ( http://www.state.gov/...rganization/86942.pdf ), you're unaffected by any such concerns.

Chris

[NachoMexicano]

thanks my friend now it all clear to me