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I have a criminal record dismissed case, wants to go to London and I'm trying to determine if that is actually a possibility.

The did had dismissed case with deferred prosecution with probation of 9 months for petty theft.The case got dismissed in 2017. Now, I have to travel to UK for 10 days for my abroad study from school.

The visitor visa have these following questions:

At any time have you ever had any of the following, in the UK or in another country?

A criminal conviction A penalty for a driving offence, for example disqualification for speeding or no motor insurance An arrest or charge for which you are currently on, or awaiting trial A caution, warning, reprimand or other penalty A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour A civil penalty issued under UK immigration law

Should I mention in any of this options about my dismissed case? or is it fine to answer no since it was dismissed?

I did mention like this in my application will this be fine?

enter image description here Thank you

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    I think you must mention it, but I will leave that answer to others. I'm commenting to say that you should be careful about your terminology. Probation is normally punishment imposed after a court finds someone guilty of something. Dismissal of a case occurs before the court reaches a verdict, and prevents it from reaching a verdict. So I suspect that there should be a different name for the 9-month period after which the case was dismissed, or else that you really were on probation and that the case wasn't dismissed at all, but something else with a different name happened.
    – phoog
    Mar 28 '19 at 18:35
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    FWIW, I agree with @phoog - a dismissed case will still remain on your criminal record recordgone.com/articles/definition-of-a-dismissed-case.htm
    – Traveller
    Mar 28 '19 at 18:39
  • I would say it was deferred prosecution.
    – user94228
    Mar 28 '19 at 18:46
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    @user94228 in some states there is a thing called "conditional dismissal." If I were you I would want to be very careful to find out exactly what term is used in the law of the state where it happened.
    – phoog
    Mar 28 '19 at 19:03
  • Should I mention their. If so , what option would be most suitable?. Does this cause any refusal of my UK visa application?
    – user94228
    Mar 28 '19 at 19:45
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You should report it. First review the original papers and use the exact wording. The details in your explanation need to be correct.

The question is very broad. You did have a "warning, reprimand, or other penalty", even if it has been cancelled for many purposes by the subsequent dismissal. See UK Standard Visitor visa refused (V3.6(b), deception on prior convictions, 10 year ban), can I reapply immediately? for the result of answering "No" in a somewhat similar situation. On the other hand, because the question is so broad, a "Yes" answer will not necessarily stop you from getting a visa.

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  • Hi, thanks so much..I would definitely mention that in my Visa application. The rest left to UK Home office. Yeah did check my original papers. It says Deferred Prosecution Program.. When a defendant successfully completes this intensive program, the State's attorneys Office will exercise its prosecutional discretion and dismiss the felony charge. So my question is should I mention it in 1. A criminal conviction or 4. A caution, warning, reprimand or other penalty. which os these two options I should mention it? ..Thanks for the help
    – user94228
    Mar 31 '19 at 13:59
  • A dismissed charge is the same as "not guilty". Whilst there is a record of your (impending) prosecution, you were not convicted and therefore have no criminal record. End of story. It does not matter that you were to be prosecuted. You were ultimately never prosecuted and never convicted. It is probably more important to remember being arrested, because that can also matter.
    – mckenzm
    Feb 15 at 3:44

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