Question 10 on LTC application...

[mark056]

I wonder if these questions extend to a foreign country

In the context of my experience, I have never seen any foreign convictions ever pop up. My experience in trying to get foreign criminal records relative to case support in investigations where it is known that a suspect has a record abroad is that it is both lengthy, frustrating and the agencies in the specific country are not always cooperative or forthcoming. YMMV. I am not an attorney. nor what am I telling you should be construed as advice legal or personal, I am merely relating to you my experience with this topic and what I have observed with regard to obtaining foreign court records and the fact that I have personally never seen foreign convictions ever appear on any of the criminal data bases (which are the common ones) that I have access to.

 

[Chevy 2 65]

should question 10 even be on the form, should there be such a form?

 

[evalance]

In the context of my experience, I have never seen any foreign convictions ever pop up. My experience in trying to get foreign criminal records relative to case support in investigations where it is known that a suspect has a record abroad is that it is both lengthy, frustrating and the agencies in the specific country are not always cooperative or forthcoming. YMMV. I am not an attorney. nor what am I telling you should be construed as advice legal or personal, I am merely relating to you my experience with this topic and what I have observed with regard to obtaining foreign court records and the fact that I have personally never seen foreign convictions ever appear on any of the criminal data bases (which are the common ones) that I have access to.

Understood, I just applied this week for a LTC as a legal resident. I was just wondering because when you come in the legal way, they want the papers stating your record from the Justice Department. But with the amount of illegals and immigrants who came/come in without the proper papers, it would basically impossible to check them

 

[Rob Boudrie]

In the context of my experience, I have never seen any foreign convictions ever pop up.

SCOTUS ruled that foreign convictions do not one a PP make. They correctly noted that things that are laudible in the US (private business, free speech, etc.) are crimes in many countries.

On the flip side, the court noted that "congress could have explicitly included foreign convictions if that was the intent", thus leaving open the possibility that state level PP based on a foreign conviction could be upheld. Clear as mud, as usual.

 

[dcmdon]

I disagree with that interpretation.

Let's use the Connecticut Accelerated Rehabilitation (AR) program as an example. AR is a pretrial diversion available to some defendants charged with criminal offenses/motor vehicle violations in Connecticut; if the defendant has no conviction record/ has not previously used AR (with certain exceptions), is accused of a minor offense (no crimes resulting in death, no A felonies, no B felonies with 1 exception, and a laundry list of other exclusions). The defendant does not admit guilt (many enter an NG plea, some enter no plea). Immediately upon application for AR, the record is sealed. Upon AR being granted, bail (if any) is terminated, Upon successful completion of a period of pretrial probation, the charges against the defendant are dismissed. Under Connecticut law in the event of a non-conviction (through dismissal, 13 month nolle period, NG verdict, etc...) it is as though the arrest never happened and the individual can make that claim under oath.

However, for the purposes of that question, an individual who used AR to take care of a Connecticut charge would presumably still have to answer in the affirmative. He still appeared in criminal court, as a defendant. (which is the essence of the information that they are trying to discern). Considering that the initial arrest itself could still show up on an arrest history, even though the court record was supposed to have been destroyed (within 20 days of non-conviction or the expiration of the nolle period).

JAD,

CT has very strict laws requiring any and ALL records associated with the arrest, investigation, and prosecution of someone if they are found not-guilty, or if their charges are dismissed. (Which is what ultimately happens with AR or a Nolle).

http://www.cga.ct.gov/2011/pub/chap961a.htm

I was arrested in New Haven for breach of peace because a cop saw my shotgun on the back seat of my car. I was driving home from shooting trap at the branford gun club . The charges were dismissed on our first trip to court. The judge looked me in the eye and said "From a legal perspective THIS DIDN'T HAPPEN. You can truthfully answer NO to any questions relating to arrest or appearing in court."

I later learned that this was in the same statute I cited above:

(3) Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

With all that said, when I purchased a residence in MA 3 years ago, I told my chief about the arrest. I didn't want to have to deal with the fallout if someone in CT did not follow the law.

It turns out that there was no record of my arrest.

Don

p.s. As far as I know, MA has no such law requiring the removal and disposal of arrest, investigation, and prosecution records under these circumstances.