mamoon2

Has anyone travelled to the US in the past year who has a criminal record or may know someone who has.

The reason i ask, is that i'm off there later in the year and i have a record from when i was 16 (23 now) for a minor offence. Will this effect me getting in the country without a visa or will it not be picked up?? and will i be able to travel under the visa waiver program?

Thanks in advance for any advice

The Chief

Surely you are considered a minor at 16 (I'm not sure though)

Therefore it would not count i would imagine.

it also depends on what you did btw

Snazy

Yes, you have PM

Snazy

US immigration site states...

Offences at ANY age, and arrests not resulting in a conviction must be declared, rehabilitation of offenders act is NOT recognised.

LEO's out there advise, they are only interested in "felon" type offences.

mamoon2

Cheers Snazy.

Markus

Had a quick search and found this thread. Might be worth a read.

You are asked on one of the two forms you need to fill out wether you have any convictions, now, you could just put no and risk it. I'm not sure if they do have access to UK criminal records or not. If you keep quiet you could be ok. Of course, if they do have access to the records, you've lied to the yanks and they are a humorless bunch at customs and could well decide to refuse you entry.

The Chief

Visa Denials

Markus

There is a visa thing on the US Embassy site, and it said the following when I pressed "Yes" when asked if I had any convictions:

Question 8 : Arrests & Convictions

Some applicants are uncertain how to answer the question, "have you ever been arrested?"
In general, minor and common motoring offenses outside the U.S. that were disposed of by paying a ticket by mail have no bearing on admission to the United States. Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The Embassy and the Live Operator Information Service cannot provide any further guidance on this matter until you appear in person before a consular officer.
If a traffic offense occurred while you were in the United States, and you have an outstanding fine against you, or if you did not attend your court hearing, it is possible there may be a warrant out for your arrest and you will experience significant problems when applying for admission at the U.S. port of entry. The Embassy cannot assist you in this regard. You must resolve the issue before traveling, by contacting the court where you were to appear. If you do not know the address of the court then information is available from the Internet at Court Links .
Is the full extent of your history of legal violations limited solely to minor traffic offenses that did not result in your arrest and/or conviction?

This again presented a yes and no option, If I clicked "no" then the following was displayed:

Not Eligible for Travel on Visa Waiver Program travel

You are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States.
Please note that the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you attempt to travel without a visa, you may be refused entry into the United States at your personal expense.
Applicants who have been arrested or convicted are also subject to additional documentation and processing time.
Please click END to close this wizard.

mrtheedge2u2

Are you the third Chuckle brother????

TopBanana

I'm sure Freak has travelled with more than a few criminal records

Daryl

No they don't, anyone who claims otherwise is lying! Of course, the Yanks would like you to think they have, but when you turn up at the Immigration desk all they have to go on is what you've put on the Visa Waiver.

Some people get refused, but it's usually when they admit they have lied about their criminal record. Just stick to your guns, the UK criminal record database is covered by the Data Protection Act. The US authorities would need a court order to be able to access information about you.

f1_fan

iTrader: (9)

A good acquaintance of mine has been in exactly this position. Do not listen to anyone saying take a chance. They may not have access to UK criminal records, but there are other ways to find out if someone has one or not. Want to take that chance?

Get yourself to the American Embassy website, get a Visa application and sort it that way. It will involve you visiting the Embassy, but it is no major hassle and if you are honest and upfront you should get a Visa no problem.

The alternative is you possibly being barred from entering the US forever. The choice is yours.

Markus

I did wonder if the DPA would prevent them from accessing the records, then again, seeing as the government has had it's tongue licking Bush's **** for quite some time it'd not suprise me in the least if there was some special agreement between the UK and US to share this data.

f1_fan

iTrader: (9)

Oh and while they don't have access to the UK criminal record database just now what if they do in the future and hence find out you entered their country illegally. Just another thought.

falkster

A good friend of mine was refused entry this year for having a conviction for drunk and disorderly in 1969. Sounds like bollox but its true.

It was for a special wedding anniversary and he had already paid not even remembering about the offence.

wrx-kris

Fair point, sounds about right

Freak

true....


Anyway.. back to the original question.... and take this from me who travels into and out of the states several times a month.
I know more about this than most for various reasons..

It's yes and no- all depending on your personal circumstances..

What is your situation? Were you arrested? What for? Were you convicted? Did you serve time? Have you been arrested more than once? How long ago was this? All of this matters...we will come to that in a moment.

Under US visa law there is NO SUCH THING as a 'spent' conviction... that does not apply to it, so even if it was ages ago it still applies.

The US immigration/border controls do NOT have access to uk criminal records. it is not part of the API (advance passenger info) submitted by the airline in advance of you landing.
It is not something they can check with ease, so they trust what you put on the form.
You could very easily put 'no' on the form, and you will be let into the country no problem. They are more concerned with people overstaying, people with family there intending to stay,people working illegally, and people with criminal/terrorist intent.
I know plenty of people who do this- they have arrests and convictions and have never been flagged up when visiting.
It is up to you to take this decision- i would say you have 99.999% chance of getting away with it with no issues...

If you dont fancy it, then visas are time consuming, and certain arrests and convictions may render you permanently ilegible for entry to the US, so it is not guaranteed at all.

I have an I94 visa waiver form to hand here.
The exact question 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 controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

Google 'moral turpitude' for starters ( Moral turpitude)...thats - Wikipedia, the free encyclopedia a whole can of worms determining if something is included in that category.
This is the precise reason they just make it easier on themselves by saying that any arrest needs a visa- even though its not strictly true.



There is a loophole of sorts -not well publicised though... as stated, for easiness they just state that everyone with an arrest needs a visa (even though not strictly accurate)
If you :
-have only been arrested once
-for an offence which upon conviction has a MAXIMUM penalty of LESS than 1 year in prison.
- and the crime is/was not considered 'moral turpitude' (on their list)

If the above apply, then you are not ileligible and can travel under the Visa Waiver program.....all depends on your personal situation though.

It is buried deep deep deep in the fine print....dont have the exact link to hand at the moment. I will dig it out for you (its on a hard drive that exploded a few weeks ago...still recovering stuff from it..)

bootsy

as above really
as me and the woman wonted to get married in Florida. i had to sort her dad's paper work.he had a criminal record as long as your arm from years back and had'nt been in trouble in over 20 years.he's done time for gbh,drink driving and nicking.i use the American Embassy website for info and paper work.i got him a interview at Embassy in london.and told him to kiss ****.got there in the end. but took about 6 month

Odds on

I know someone who didn't even think about it, but when he turned up just ticked all the no boxes. Apparantly he got called a grumpy looking guy by the yanks to which he replied "Wouldn't you if you had to spend all this time waiting?" (2 months after 9/11)

Can't for the life of me think of his name now

Daryl

Like what?

f1_fan

iTrader: (9)

We live in age where personal details about individuals are stored on multiple databases, e.g. employers, pensions, tax systems etc. You would be amazed at the level of information you can find out about some people just from the Internet and I mean the publically accessible Internet not by hacking.

Yes it may be far fetched and extemely unlikely, but as I said why take even the slightest chance? Surely it is easier and more sensible just to get a Visa.

Daryl

It comes down to what the OP asked - does he need to apply for a visa? I say not, as he says it was a minor offence. The visa waiver doesn't ask for minor offences to be declared.

The US Embassy have twisted it so much that they say you need a visa even if you have been arrested but not charged with an offence, or if you were found guilty of speeding - what nonsense!

If they want to take such a blase attitude towards criminal justice, then they shouldn't be surprised when people adopt a similar attitude when filling in the visa waiver.

f1_fan

iTrader: (9)

OK, well after reading the Visa Waiver form as quoted by Freak above I guess I would just choose the safe route and get a Visa. Can't see whay you wouldn't really.

Not sure how far arguing with US Immigration when you are stood in front of them at Chiago O'Hare will get you whether you are in the right or not. If the poster chooses to otherwise that's up to him I guess.

Snazy

I think the issue for most with taking the "right" route is...
$100, 1-6 months waiting and taking days off for interviews etc.
Its not as simple as sending a cheque off, and at the end of the day, you pay $100 for them to say "ok"

For the average drunk, petty juvenille theif, or pub brawler, with 2 weeks before they travel on holiday, its a bit extreme.

You should always do your homework before travelling to another country. But 2 years ago I went on a package, and it said on the footer of the paperwork about the visa and where to get more info.
This year I just booked a flight, and NO ONE told me about it. SO until I was presented with the immigration paperwork in the USA I knew nothing about it.

In turn, the immigration slip said nothing about NOT recognising the rehabilitation of offenders act, nor about juvenille convictions... Therefore, understanding my rights in the UK that I would not have to declare any spent convictions, why would I do so on their forms.

All red tape and loop holes I know, but for a lot of Brits travelling to the USA, its the same, they dont have a clue til they get there about most of this.