Hi,
My friend was about to apply for Naturalization in few days, when he was caught in a Shop Lifting case in Tesco. It was just Food Items as bread, milk, potatoes and eggs. He was first time Offender, Store got the items back but call the police and they Resolved the matter by Issuing a Community Resolution with No Further Actions as he was a first time offender.
Police says that this record will remain in their local System and can be disclosed only if someone requests to Police. He was in clouds these days as he have ruined his life, he was already jobless and have one kid and wife also with him. They have already got their citizenship. I am wondering Can he still apply for Naturalization. Form_AN 3.6 says Have you been convicted any criminal offence. Can he click No. as police says Community resolution is not a conviction but a note in police record only. OR he should wait for 3 years.
Guide Line says two contradictory things
You must give details of all criminal convictions
You must give details of all civil judgments
3.10 - 3.11 You must give details of any cautions (simple or conditional), warnings or reprimands you have received in the UK or any other country. Cautions, warnings and reprimands are out of court disposals that are recorded on a person’s criminal record and are taken in to account when assessing a person’s character [Community Resolution is Out of Court Disposal but does not come in this definition]
You must say if your details have been recorded by the police as a result of certain
sexual offences,
3.19 You must say whether you have been involved in anything which might indicate that you are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and your application may fail and your fee will not be fully refunded if you make an untruthful declaration. If you are in any doubt about whether you have done something or it has been alleged that you have done something which might lead us to think that you are not of good character you should say so. [According to me he should mention this due to this definition if he wants to apply.]
Any Help/Advice, Have some one applied before with a community resolution?
Regards
Jay
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