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Hello,
I have recently been charged with Urination in a Public place in a local magistrates court and I have pleaded guilty.
Do you know if I will still be able to adopt with this on my record? This is my first offense and my partner also has a clean record.
any advice is very welcome!
Was that considered a misdemeanor or felony?
Typically.. every jurisdiction varies a bit, for non-violent crimes, you're ok. They will look at how recently the crime was committed.. if it was a one time offense. and will want to understand the situation and confirm you are unlikely to re-offend.
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Recent offenses are a no. However in a few years time a minor offence should not be a problem - however, you do need to be able to explain it. Why did you do it, what has changed about you, so that now you would never do it again?
Most offences are ok. There is a legal prohibition on adopting when convicted of certain sexual offences against adults and nearly all offences against children. Other than that, it is at the discretion of social services. I have known people adopt having committed offences as diverse as driving offences, ABH, drug posession and theft. Crucially, all of those people had changed and were able to discuss it with SS and explain why they wouldn't be offending again
Wcurry - Misdemeanors and felonies don't exist over here :) OP - it wouldn't make a difference whether the case was heard in a magistrates or a crown court, it matters what the offence is and what your attitude to it is
It's not at all unusual for a young adult to have a little too much beer at a party, and for the beer to stimulate the bladder, resulting in an urgent need to pee. Because alcohol also lowers the inhibitions, the stories are legion of young adults, mostly male, urinating from balconies, in telephone booths, into fishponds, and so on, rather than seeking out a bathroom.
If the person is observed and the police are called, he will usually be charged with a minor crime, get fingerprinted, and have to go to court and pay a fine. In general, the person is not charged with a sex offense, though the specifics of the case will determine what charges are made. And any time a person is charged with a crime and fingerprinted, those fingerprints will wind up in various law enforcement data bases -- where they will often remain for many years, even if the person thinks that he has successfully had the record of the infraction expunged.
Since fingerprint checks are generally required for all adoptions, you have to assume that they WILL be found when you have your homestudy. If you disclose the infraction to your homestudy provider before the fingerprint check, the social worker will often be able to approve you. However, if you fail to disclose -- for example, because you think that misdemeanors don't need to be disclosed or because you think that the record has been expunged, or because you were too drunk to remember being fingerprinted, your agency (and also the USCIS, for international adoptions), may well conclude, "If you failed to disclose this minor event, WHAT ELSE are you being untruthful about?" So the first thing I'd say is, "Disclose, disclose, disclose."
Most American homestudy providers will be able to approve an application to adopt from such a person, as long as a good deal of time -- usually ten years -- has passed since the arrest and the person has not not been arrested for any other alcohol-related offense or act of indecency.
The USCIS will usually approve such a person to bring a child to the U.S. if the homestudy report confirms that the offense was in the past, did not signify an alcohol abuse problem, was not considered a sex offense, and was never repeated.
Most foreign countries will also approve such a person. However, there are a few countries that have a zero tolerance policy. As an example, because alcoholism is a huge social problem in Russia, and many of the children in "baby homes" (orphanages) were born to alcoholics whose parental rights were terminated by a court because of abuse or neglect, Russia tries to be very cautious about placing children with a person who has had even a minor offense where alcohol is mentioned as a contributing factor. It's a good idea to talk to your placement agency to see if your country of choice will permit you to apply if your homestudy mentions drinking, and to talk to your homestudy agency about how many years should pass after your conviction, before you can get an approved homestudy.
Your agency will need some documents from you, in making a decision as to whether you are approvable. You will need to get police and court records of the offense, showing the disposition of the case against you.
You will need to write a factual statement of what happened, in your own words. Keep it simple -- for example, "I was walking home from a party, where I'd consumed four beers. I was sober enough to know that I needed a bathroom, but drunk enough to think that it was OK to urinate in public. I urinated into a flowerbed in front of someone's house. I thought no one would see me, since it was almost 2 a.m. The homeowner saw me from her window and called the police. I was charged with a misdemeanor and paid a fine of $270." (I just saw that amount as the fine for a first offense of this kind in California.)
You will also need to discuss, in writing, your feelings about what happened. In that statement, don't make excuses. Take responsibility for your actions and admit that they were stupid. As an example, "It was foolish of me to drink four beers -- that's considered almost binge drinking -- and it was foolish of me not to visit the bathroom before leaving the party, since beer always has a diuretic effect in me.
Mention what you did about the conviction -- for example, "I paid $270 -- a big chunk of my pay, given that I was working at a $9.00 per hour job at the time. I also went and apologized to the woman who made the complaint. She had a legitimate beef, since the roses in her flowerbed were prizewinners" Also mention what you have done to prevent the incident from happening again -- for example, deciding never to have more than one beer in a day.
In all likelihood, you and your partner will be able to adopt -- but probably not for at least a few years, assuming that you have no further brushes with the law.
Sharon