Holiday in USA if you've been arrested?

i_love_it

This is quite a subject! In my experience, entry into the us with a criminal record is something of a lottery. Even the new biometric passports with the chip cannot contain such personal data, but its rumoured future they
will ( i.e requirement for interview fingerprints iris scan, even dna!)

It is true that on entry you have finger prints and iris scans but they are not backed up to any info, it simply means each time you leave and re enter it is recorded that it is you using the passport

The same applies to the new biometric chip. It contains info specific to you as a means to prevent identity fraud.

Criminal records are data protected, tho i do believe these authorities can access them, but they are not attached to your passport

On entry to the us, you fill out visa wavier forms if you dont have a visa, and most brits dont, you are required to declare criminal convictions, this of course will be holiday suicide and you will be deported

remember, many brits with such convictions may not even be aware of this, hence they will enter "innocently"and get through.

Random checks are made, its something of a lotterey.

In my experience of 13 years as cabin crew to the states, I've had two deportees.

Their convictions were years old and both drug related, we get no more info than this, i felf v sorry for them actually.

But my point is this, I've taken plane loads to US (256 passengers every fortnight for 13yrs)

Thats a lot of people, so just doing the math, I don't believe all these peeps are crime free, i'm talking petty crime, driving bans etc....

Me, I'd take the chance, this is not legal advice you understand!!!!!
If you get refused, there are so many places to see in the world and spend your hard earned cash so f*** em

Its a ludicrous system.

Good luck

trets77

a good point well made !! well maybe not this bit lol

If you get refused, there are so many places to see in the world and spend your hard earned cash so f*** em

even they did find out about minor offence they will probabaly let you in after interview providing it is minor and not drugs related.

A question regarding the fingerprint scan. we were scanned and pictured when we entered this year but not on the way out . should we have been? or should we have done it ourselves somehow before going through security ???

whats the requirement for these fingerprints scans when leaving and will cause problems if i did not do something leaving last time when i go back?

Scooby_Drew

Most crimes are completely wiped from your record if you've been good (i.e. not caught) for more than 5, 10 or 20 years depending on the crime, so there's no way that even British police can find them, never mind someone on the other side of the Atlantic. It's called weeding.

America is very tough on drugs, so if you've been busted for a drug offence you may well get caught out... especially if it was supplying or smuggling.

In my opinion you're basically screwed if you're on a watched-list... that would cover drugs, paedophiles and obviously anyone with terrorist links or tendancies.

With the millions of people entering the USA every year, I can't believe they even do random checks, as to find out criminal records on just one person would entail hours and hours of searching.

Scooby_Drew

trets77 wrote:

a good point well made !! well maybe not this bit lol


even they did find out about minor offence they will probabaly let you in after interview providing it is minor and not drugs related.

A question regarding the fingerprint scan. we were scanned and pictured when we entered this year but not on the way out . should we have been? or should we have done it ourselves somehow before going through security ???

whats the requirement for these fingerprints scans when leaving and will cause problems if i did not do something leaving last time when i go back?

The point of the fingerprint scan is not to see whether you've done any crimes before, but to enable detection if you commit crimes whilst in America.

As long as they take your little card out and stamp your passport on the way out, you'll be fine. If they don't (highly unlikely) you'll still be on their system as in the US and by the time you return, you'll have probably outstayed your VWP entitlement and be in trouble!

TankEngine

Speeding offences don't count as traffic violations. If I remember correctly if you accept the points and fine before going to court it is not an offence. You have no criminal record with most speeding offences.

tonyfaestoney

TankEngine wrote:

Speeding offences don't count as traffic violations. If I remember correctly if you accept the points and fine before going to court it is not an offence. You have no criminal record with most speeding offences.

I got in no problems with an 11 year old minor offence (still shows on record) & everyone I know with record has got in no problem.

Moneymaking scheme bu US Embassy if you ask me!!

Scooby_Drew

The forms say that you should declare any crime that involved "moral terpitude"...

Theft, rape, terrorism, drugs etc fall into this category. Speeding doesn't.

However, the point is, that the US cannot check everyone that enters the US, so as long as you're not likely to be on a watched list (they do exist) for drugs, terrorism or sexual offences the chances are you will be absolutely fine.

rbulph

This is what the US Embassy website says:

"Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free" http://www.usembassy.org.uk/cons_new/visa/niv/arrests_and_convictions.html

Now, probably 50% of adults in this country have been convicted of a speeding offence. Yet clearly the American authorities are not turning this many people away, as "i love it" is saying. And I can't imagine that many people with a speeding offence are going to the trouble of getting a visa before they leave. "i love it" also says that it would be holiday suicide to declare an offence on the visa waiver form, so I guess that nobody does. Then the conclusion is that the American authorities are either incredibly naive about the level of convictions, or are in fact expecting you to lie on the form. I suspect the latter. Could it be that if you're not a liar, they feel that you won't fit in in their country? They're certainly had more than their fair share of dishonesty in the corporate world at least - perhaps that's now the expected standard. My advice would be to go elsewhere.

magic_pants

Sorry, but this is a ridiculous thread. ONe of the guys I work with ws convicted of GBH 10 years ago and he goes every year! Unless it's something very major then it won;t be an issue. For a start the US does not have a hook into the criminal records bureau in the UK and don't do a computer search every time you walk through customs! Just go and fill in a visa waiver form as normal and say no on it.

BTW...I was convicted of a minor offence 20 years ago and I travel there at least twice a year. It really is not an issue.

rbulph

magic_pants wrote:

Sorry, but this is a ridiculous thread. ONe of the guys I work with ws convicted of GBH 10 years ago and he goes every year! Unless it's something very major then it won;t be an issue. For a start the US does not have a hook into the criminal records bureau in the UK and don't do a computer search every time you walk through customs! Just go and fill in a visa waiver form as normal and say no on it.

BTW...I was convicted of a minor offence 20 years ago and I travel there at least twice a year. It really is not an issue.

Do you declare your offence on the entry form when you go?