Question about esta

Focusmum

I have been searching and searching for info on my situation and am still confused so was wondering if anyone here might be able to shed a bit of light.
My family are booked to travel to USA next year, and about to apply for Estas, but have a query.
We live in Scotland, and 18 months ago, when my son was 9years old, he was charged with vandalism. He allegedly threw a stone which hit a bus window. Although my son has ADHD, I am without doubt that he was in the wrong place at the wrong time and did not do this, but because he is not old enough to be prosecuted (must be over age 12 in scotland), and, allegedly, his first offence, the matter cannot be taken any further, and therefore cannot be challenged.
He is charged, that is it, no solicitor, done deal, no chance to defend against the charge.
I was advised at the time that if he isn't charged with any offence again, when he reaches 16 his file will be cleared.
That this is not on record, but only kept in a filing cabinet in case of future dealings.
This was all done in our house, not at police station.

However I am still very worried about how this might impact on him being accepted for an ESTA. Or worse still, being accepted for ESTA, but then Being stopped and turned away at the airport on the day, because of this.

Any advise would be very much appreciated.

Grumpygit

As you've booked the holiday it's a bit late to be worried about visas for him.

Unless you want to contact the American Embassy to find out if there's a possibility of it being a problem, why not just apply online for one in his name but do his first?

What's going to happen if the computer says no? Are you going to leave him behind? Are you going to cancel the holiday? Are you going to contact the embassy?

The sooner you apply, the sooner you'll know if it's a problem and the sooner you'll be able to try and come up with a solution.

lgw29

If you have been arrested, cautioned or convicted, you are not eligible to travel visa free under the Visa Waiver Program. , you may wish to apply for a visa before attempting to travel again. Information about tourist visas, including how to apply, is available from the Embassy website, here.

dzug1

Focusmum wrote: »

I was advised at the time that if he isn't charged with any offence again, when he reaches 16 his file will be cleared.
That this is not on record, but only kept in a filing cabinet in case of future dealings.
This was all done in our house, not at police station.

.

If that is true, how can it possibly affect the issue? Knowledge of the offence does not exist outside that filing cabinet

Applying for a visa will be a long drawn out and expensive process with the possibility of refusal.

jackieblack

The question on the ESTA application is:
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?

Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.
For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

You need to find out whether your son's offence is considered a crime involving moral turpitude, considering his age at the time.

jackieblack

lgw29 wrote: »

If you have been arrested, cautioned or convicted, you are not eligible to travel visa free under the Visa Waiver Program. , you may wish to apply for a visa before attempting to travel again. Information about tourist visas, including how to apply, is available from the Embassy website, here.

This is inaccurate.
It depends whether the offence is considered a crime involving moral turpitude.

claire16c

If it's not on an official record anywhere then I'd be ticking no especially if you find moral turpitude doesn't cover children - I don't know myself.

The computer will reject or accept your Esta on whether you tick yes or no. It won't be searching records - if you tick yes to saying you've got a caution/arrest etc it will just tell you you may need a visa. If you tick no it will approve it.

It's really just a form, it's the immigration officials who have final say.

Like people have posted above it depends if it's moral turpitude or not.

dannny_2

dzug1 wrote: »

If that is true, how can it possibly affect the issue? Knowledge of the offence does not exist outside that filing cabinet

Sorry, you beleive what the police in the UK state? I would have absolutely no faith that that record is not on the PNC already, and will remain there till the person hits 100 years old.

Its not "knowledge of the offence" either, its telling the truth on the ESTA application.

Question needs to be asked if this person was arrested or not. Was he processed, fingerprints taken etc.

Focusmum

Thanks everyone.
Yes I realise it comes down to if it's classed as moral turpitude, I think I'll try the American Embassy in first instance, to see if they can clarify if it's that.
I have lost my faith in British Police completely since this episode. There were four boys in the frame for this and I believe my son was the easy option as soon as I said he had ADHD.
He was never taken to police station, no fingerprints, photos nothing. They said if something happened again they would take him to the police station to have a word with the Inspector.
But they definitely read him the "We are charging you with ....etc" statement.
Thanks for your replies and thanks for not judging.

littlereddevil

dannny wrote: »

Sorry, you beleive what the police in the UK state? I would have absolutely no faith that that record is not on the PNC already, and will remain there till the person hits 100 years old.

Its not "knowledge of the offence" either, its telling the truth on the ESTA application.

Question needs to be asked if this person was arrested or not. Was he processed, fingerprints taken etc.

I also do not believe all they tell you. They seem able to dig things up long after they happen

dannny_2

Focusmum wrote: »

I think I'll try the American Embassy in first instance, to see if they can clarify if it's that.

DON'T DO THAT!

Couple of reasons why

A) you can't speak to the embassy, you speak to a Scottish based call centre

The ONLY option they can give is to say you need to come in for a visa appointment. Thats the script they work from.


Couple of things you can do

A) post on britexpats forum

find out if your son was arrested or not. If he was details will be on the PNC. If he wasn't arrested, and he wasn't convicted, then there is no possible problem. Costs about £10 for a subject access request to the Police National Computer

"I'm arresting you for" not "I'm charging", you need to be arrested then charged.

as a last resort..

C) contact CBP who run the system and seek there advice

Guys at immigration know it would fall into the realms of Juvenile Delinquency, however you need to find out if its MT or not.