Esta - drunk and disorderly

Legacy_user

I was arrested a year ago for drunk and disorderly. I was fined, no charges were ever made and the fine was actually later refunded due to an administration error.

Do I need to declare this on my ESTA application? The question reads "Have you ever been arrested or convicted for a crime that resulted in serious damage to property, another person or government authority", as my arrest falls into none of these I clicked no.

I've read online that the arrest or conviction wouldn't need to be declared so long as its not a crime of moral turpitude. Have I done the right thing by selecting no? What are the chances of being declined at the border.

The US Embassy site contradicts this: If you have ever been arrested, convicted and/or cautioned (no matter when, where or why this happened) You are required to declare it and bring additional documents with you to your visa interview.

What should I do?

oldernonethewiser

LL98 wrote: »

I was arrested a year ago for drunk and disorderly. I was fined, no charges were ever made and the fine was actually later refunded due to an administration error.

Do I need to declare this on my ESTA application? The question reads "Have you ever been arrested or convicted for a crime that resulted in serious damage to property, another person or government authority", as my arrest falls into none of these I clicked no.

I've read online that the arrest or conviction wouldn't need to be declared so long as its not a crime of moral turpitude. Have I done the right thing by selecting no? What are the chances of being declined at the border.

The US Embassy site contradicts this: If you have ever been arrested, convicted and/or cautioned (no matter when, where or why this happened) You are required to declare it and bring additional documents with you to your visa interview.

What should I do?

You have filled in the ESTA correctly with the regards to the question asked.




As the USA has no access to UK criminal records, as a matter of course, then there is no need to be concerned.

Voyager2002

The US embassy site is wrong: if your arrest was not for a CIMT then it makes no difference and can be forgotten. The question, then, is whether "drunk and disorderly" is considered a CIMT. Furthermore, they have special rules relating to people who had been involved with drugs: you might like to check whether these apply to alcohol as well.

SweetPotatoPie

They changed the ESTA a few years ago and now only ask a few questions. If you can honestly answer the questions then you will be absolutely fine!
As someone has already said, they have no access to our police records.

System

Thanks... I've heard so many varying pieces of advice

cubegame

If the immigration officer choose to interpret your arrest as a crime of moral turpitude then you're not getting it. The US embassy advice is cautious for the reason that it is only the discretion of the officer that counts.

leylandsunaddict

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

pollypenny

I think that counts as a misdemeanour in the USA.

Jumblebumble

cubegame wrote: »

If the immigration officer choose to interpret your arrest as a crime of moral turpitude then you're not getting it. The US embassy advice is cautious for the reason that it is only the discretion of the officer that counts.

And nothing to do with the fact that the embassy charge a fat fee for processing visas !
This assumes that the officer asks if you have ever been arrested and you tell the truth
My belief is that is that if you are coming for a few weeks, you have a return ticket, you have a job and enough money to support yourself and don't tell any silly lies there is no reason that immigration will even ask
( I have been lots of times and never been asked although they often ask when I am returning even though I am 100% sure that the airline have told them)