My question involves criminal law for the state of: Hawaii
In 1972 my husband was stationed in the Navy in Hawaii. He bought a set of two souvenier knives to add to his collection. On the way back to ship, he spotted a 'bait girl' as in Police prostitution sting, happening. She propositioned him, and he said no thanks. Directly after he answered her, he was stopped by plain clothed police.
He was searched, and told them that he was in possession of the knife set. He was taken and fingerprinted at the local police station. He was then picked up by Military Police who escorted him back to ship. He was told to stay on board for the night by the MPs, and no further reference was made by the Navy. So that was the end of that, or so he thought. He received an honorable discharge when he left the navy some years later.
37 years later, he sent for an FBI criminal record check as required for a visa. Back comes a record for this. When he sent for more information, he discovered that he was charged with misdemeanor possession of a deadly weapon, and fined $25. He has no recollection of being given formal charges, or paying what would have been the equivalent of a week's pay, at that time.
This is the first time that he has been made aware of having a criminal record.
So now we are not sure if this is going to impact on his visa application.
My question is: Is there a difference in charges when a person is carrying a knife, versus a gun, for example? Will it be obvious that this was not a gun, given it was a misdemeanor charge, not a felony?
And finally, if this stops him getting his visa, are we able to challenge this - 37 years later, do you think?
Thanks for any advise you may be able to offer.
Ruby in Arkansas

