ChatterBank13 mins ago
Applying For A Usa Esta With A Uk Spent Conviction
Hi Guys, please help. Has anyone travelled to the USA with an esta from the UK with a spent conviction? On the criminal convictions part of the online form it asks 'have you ever been convicted of serious damage to a property or serious harmed someone'. I got a spent conviction for harassment which was a.mistake and my only conviction in 2015 so no serious harm and no violence. I applied for Canada a while back and they asked for a police report but didn't go in the end and fancy the USA.
Is it likely from your experience that I'd have any issues on arrival? Thank you
Is it likely from your experience that I'd have any issues on arrival? Thank you
Answers
As far as the USA is concerned, no conviction is ever 'spent' because the USA doesn't recognise the UK's Rehabilitati on of Offenders Act. The USA has no direct access to UK criminal records at the moment because EU law prohibits the UK from making them available to the USA. However that's likely to change after Brexit, as the USA is known to require direct...
18:49 Wed 01st Jan 2020
//"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"//
There's two problems you face when answering that question:
1. Its interpretation. As mentioned, it could have one of two meanings. Interpretation #1: have you ever been (a) arrested or (b) convicted for a crime.... etc. Interpretation #2: have you ever been arrested or convicted for a crime...etc.
2. "Serious harm" is subjective. Somebody who had been the victim of harassment may well consider they had been the victim of serious harm. Harm is not exclusively physical.
Best to contact the US authorities, tell them what the situation is and ask them to rule on it.
There's two problems you face when answering that question:
1. Its interpretation. As mentioned, it could have one of two meanings. Interpretation #1: have you ever been (a) arrested or (b) convicted for a crime.... etc. Interpretation #2: have you ever been arrested or convicted for a crime...etc.
2. "Serious harm" is subjective. Somebody who had been the victim of harassment may well consider they had been the victim of serious harm. Harm is not exclusively physical.
Best to contact the US authorities, tell them what the situation is and ask them to rule on it.
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