ESTA Requirements

Lucifa42

Quite simply: if you say Yes, you will need a visa which is a massive expensive hassle with no guarantee of success.
If you say No, you enjoy a nice holiday and wedding.

You won't be lying as it's not a CiMT and the US immigration service does NOT have the kind of access to the UK police or convictions database that they can search like google.

I went through similar stressing for my recent US holiday as I had a disorder fine a few years ago. After much research and stress I went with "no" and had a lovely holiday in California and Vegas (I recommend trying some legal shooting at http://thegunstorelasvegas.com .

I also thought there was something in the ESTA guidelines about not needing to declare crimes that were committed under a certain age, though I can't find it now.

denwhatshisname

Lucifa42 wrote: »

If you say No, you enjoy a nice holiday and wedding.

Unless he decides to lie to CBP on arrival, if asked if he was ever arrested.

Lucifa42 wrote: »

I also thought there was something in the ESTA guidelines about not needing to declare crimes that were committed under a certain age, though I can't find it now.

Theres nothing on ESTA about juvenile deliquency, the question is straightforward,. Theres stuff in the FAM manual relating to it, but thats not what the question asks on ESTA and you can't "self-certify"

Obviously_the_best wrote: »

The defining word is ANY. You must declare it, however it probably won't affect your ability to enter, as it was 30 years ago.

Care to point that out then.

"B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

I can't see the phrase ""B) Have you ever been arrested or convicted for any offense or crime"

peachyprice

denwhatshisname wrote: »

The question is to imprecise to give a No answer to. You seem to forget, or ignore, alot of the data sharing initiatives that go on.

The US border agency cannot put your passport into their reader and get a link to any information held solely on the UK police databases.

denwhatshisname

peachyprice wrote: »

The US border agency cannot put your passport into their reader and get a link to any information held solely on the UK police databases.

That wasn't the question being asked.

question wrote:

I know this has been raised a lot on various forums but do the US immigration authorities actually have access to the UK database of convictions etc? And especially convictions that are more than say 7 years old.

They have indirect access to the PNC and direct access to numerous other databases (example Interpol). You just plonked a straight "no" down to a question you thought you read.

dickydonkin

gareth7113 wrote: »

Hi Guys,
Approx 30 years ago when i was 14 i ended up in juvenile court for using an air rifle in a public place, i was fined £15 with £10 costs.

Thanks

You will probably be welcomed with open arms - although likely questioned as to why the calibre of the rifle was so small!

Lucifa42

denwhatshisname wrote: »

Unless he decides to lie to CBP on arrival, if asked if he was ever arrested.

Of course, you shouldn't lie to immigration staff, but I would pay attention to how the question is phrased and whether it mentions CiMT.

I can't see the phrase ""B) Have you ever been arrested or convicted for any offense or crime"

I think the confusion arises because if you start looking at the US embassy page on information on how to apply for a visa, it states:

"Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), are not eligible to travel visa free under the Visa Waiver Program;"

You can see clear differences here.
The ESTA and border staff are part of the Dept of Homeland Security and the visa program and US Embassy are part of the State Department so clearly the left hand and right hand are not on speaking terms.
The cynical among you might note that as applying for a visa costs money, it constitutes a good reason for expanding the number of travellers who might require one.

My personal view is that, at the end of the day, it will be the border staff who decide whether to let you in the door and not the state department so I will go with what they say.

denwhatshisname

Lucifa42 wrote: »

Of course, you shouldn't lie to immigration staff, but I would pay attention to how the question is phrased and whether it mentions CiMT.

Usual question from CBP officer is "have you ever been arrested", but like you say you only have to answer the question asked.

That USA embassy site is incorrect, theres not a lot you can do about it though. It suckers people in parting with large amounts of cash when it is unnecessary. Different US embassys across the world have different versions, but as CBP are ultimately who you answer to the advice they give should be heeded.

And in the case of the misinformation given above by "Obviously Wrong" CBP state

cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/faq_vwp.xml#WhoNeedstoApplyforESTA

"Q: What information is needed in order to complete the ESTA application?

A: The traveler must provide, in English, biographical data including name, birth date and passport information. The traveler also must answer VWP eligibility questions regarding communicable diseases, arrests and convictions for certain crimes, past history of visa revocation or deportation and other questions. The traveler will also need their credit card information to pay the associated fees in order to complete the ESTA application. "

gareth7113

Well that was some very interesting reading and i would like to thank everyone for there input.

To be honest i don't think i was actually arrested, i was spoken to at home in front of my parents and then received a letter to goto court.

I have worked for the Police and have had very high vettings in the past so i don't think this will impede me know i have had time to think about it.

So if i wasn't arrested which i am 100% sure i wasn't then from what i have read i think i will be safe.

denwhatshisname

gareth7113 wrote: »

To be honest i don't think i was actually arrested, i was spoken to at home in front of my parents and then received a letter to goto court.....
So if i wasn't arrested which i am 100% sure i wasn't then from what i have read i think i will be safe.

Although the offense wasn't one involving a CiMT, if it were (which it is not) the conviction would mean having to answer yes to the question on ESTA regardless as to whether you were arrested or not.

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

You could always do a subject access to see if you were if you were that bothered about it.