Do I have a criminal record?

Question

I received a letter confirming that I had been caught (red handed) doing a public order offence which I was unaware of at the time. Drinking on the streets namely! They said they wouldn't go through with court procedings, do I get a criminal record? =|

Answer 1

No...you haven't been formally cautioned at a police station and you have not been charged and taken before a magistrate and been found guilty of said offence.

Therefore you remain criminal record free.

It is worth checking the by-laws to look how easy it is to break the law. Consumption of alcohol in the street is frowned upon more so these days as it is viewed as anti-social behaviour...use this close shave as a warning

Answer 2

It depends on what they mean by not taking it through the Courts and also your age. If you are under the age of 17 then you would be elligible for a reprimand or a final warning.

If over 17, then the Police may decide to caution you. Once again, this will depend on the seriousness and the relevant section(s) of the Public Order Act.

A caution is not a criminal record but does stay on your Police file for a period of 5 years. The Police also have the option of issuing you with a fixed penalty notice (give you a fine)

Hope it helps...Good luck..

Answer 3

Were you arrested?
Were you detained?
Were you given a PND (penalty notice for disorder)?
If none of the above then no. You can't get a criminal record from a letter. Also, consuming alcohol in the street is only an offence if:
1.you are under 18 (the only punishment is having it taken off you, or a fine if you refuse/kick up a stink)
2.You are in a designated area under the town police clauses act 1837 (by-laws). Even so, again you'll only have the beer taken off you.

The most they will have on you as a record is a computer entry with your name/date of birth/address. This isn't disclosable unless applying for a job in a sensitive posistion, even then it's unlikely to affect anything.

Answer 4

Assuming this is in the England or Wales, it sounds like the sort of letter that's normally sent out when juveniles are caught with alcohol in public places. You would have been aware at the time as they should have taken it from you and thrown it away, or taken it to the police station if the container was sealed.
Sometimes they're worth sending to adults too if there's a particular problem in areas or where there's a ban on drinking it in some streets. (There will be a sign on a lamp post nearby where it's referred to). Anyhow, it's not a criminal record.

Answer 5

Hello David,

Your reference to a "Public Order Offence" is a term used in England?

The British are rather staunch and orderly oriented, the letter is probably a very strong warning and you should if smart take heed.

Your public drinking, unless in a recreational area permitting drinking, is a problem or the authorities would not be involved.

When a person drinks alcohol they tend to get loud and annoying.
A couple of questions:
1. What time of day was it? between 9:00 pm to 7:00 am? That would be "Disturbing the peace" and you should get a huge fine.
2. Where you loud and attracting attention to yourself? Don't be stupid(no offense meant), you are asking for trouble.
3. Were you alone or with a group(how large)? Unlawful assembly and the illegal sale of alcohol may apply.

It can get worse if you are not careful. Is the drink really that important to you?

Answer 6

Criminal Records Search Database : http://SearchVerifyInfos.com

Answer 7

Criminal Records Search Database : http://SearchVerifyInfos.com/Help

Answer 8

Take it as a warning mate - if they had dragged you down to the local nick and formally charged you, and subsequently you went to court and were found guilty, then yes, you'd have a record. It doesn't even sound like an official Police caution, where you get a stern talking to from the desk Sergeant and tehy make you promise not to do it again!

They said they weren't taking any action, so you've got away with it.

Answer 9

Well you don't say what country your from so a letter doesn't serve any useful purpose, was it official from some police or court?
In the US your only a criminal when you are convicted in a court of law. Even then you have the appeal process.

Answer 10

That's a misdemeanor ... no criminal record, but there is a police record. The letter you got in the mail was confirmation of your warning. You could be charged in the future.