Criminal Law Moving to the US with a Criminal Record

[MJWB]

Hello

To cut a long story short, I pulled a drunken prank back in May whereby I pushed an unlocked car to another parking space, whilst heavily inebriated. Unfortunately, in the process I hit another vehicle. Although it was a drunken prank, the local magistrates did not see the funny side and gave me 3 convictions:

-Aggravated Taking A Vehicle Without Consent
-Drink Driving
-Driving Without Insurance

I am an aspiring bank worker, with qualifications, and have always looked forward to working in the United States. Now I've got an unwanted obstacal in my path.

So really I need to know:
What are my chances on getting employment in the US, and what procedures need to be followed. Could all this mess be straightened up with a good attorney?

If someone could spare some wisdome I'd be most grateful

Many thanks
MJWB

 

[NYClex]

You basically have two questions here:

1)would an employer in a field like banking where employees need to be especially reliable and trustworthy hire anyone with such a record?

2) Are there legal issues preventing you from getting a visa?

Question 1 can only be answered by the specific employer. I would not hire anybody with this kind of record.

Question two: One of the convictions, the "aggravated taking..." sounds like a crime of moral turpitude and this could create a problem. Under American immigration law an alien is inadmissible if convicted for a crime of moral turpitude. There is an exception which might apply, one would have to look at the details of the case, especially the maximum penalty, the exact definition of the crime and the actual penalty imposed. Most probably the exception would apply, but surely such a stupid stunt does not advance the career options.

 

[MJWB]

Harsh but honest,

The "aggravated" was put on because it hit another vehicle causing minor damage - which I offered to pay for in full. There were a lot of positive factors that were ignored by the local magistrates - would these be taken into account, namely:

- The car was very old (I don't think that will stand up though)
- The car door was wide open
- The engine was not started, or in anyway attempted to be started
- My friend (who was equally as drunk) was caught but I was not, but chose to turn myself in not to let him suffer on his own.

I was given a community service punishment, which I completed in record time and was infect offered employment at my placement because of my hard work.

When you look at it point by point it looks as if it was planned, but in reality it all happened so fast - We came out of a nightclub (heavily drunk) we walked past an old car with an open door which we instantly decided to move as one of those "hilarious" drunken pranks.

So with regard to an employer taking me on - that's a matter of personal discretion. But my main concern is would the United States give me a work visa if I was to gain employment?

 

[NYClex]

One would have to see exactly what the record shows. The charges sound much worse than what you describe, so it depends on how the USCIS would evaluate and interpret the case paperwork. Whenever you are going to look for a job here, you should consult an immigration attorney and have him figure out any potential problems. He would want to show that there was no moral turpitude involved, then it should not be a problem to get a visa.

 

[MJWB]

I know, it does look worse than what it was. The Government's got pretty hot on the so called "Binge Drinking Culture" that has hit Britain of late, and are trying to make an example.

Thanks for your help
MJWB