Entering the USA with a spent UK Criminal Record

[Carra]

I know this is an old story but i am still confused. When you enter the US these days - does the immigration service pick up automatically on all your previous convictions in the UK - whether spent or otherwise?
Do they have access to our UK Police Records? Has any1 been recently with a criminal record to the US and answered in the negative on the visa waiver form - and got in - no problem?

[Buenchico]

The Rehabilitation of Offenders Act isn't recognised by the US authorities so, as far as they're concerned, a conviction can never become 'spent'.

EU law prevents the UK from making UK criminal records generally available to the US immigration service. The UK is allowed to pass on information about specific individuals (e.g. people convicted, or suspected of, drug-trafficking, people-trafficking, child-sex tourism or terrorism). So the usual advice (up until recently) here on AB has always been to simply 'forget' about your criminal past and lie on the Visa Waiver form.

However, under anti-terror agreements, the UK is also allowed to pass on information when they receive a specific request for it from the US authorities. Now that all visitors to the USA (travelling under the Visa Waiver Program) have to provide advance information (using the ESTA system) it's possible that the USA is requesting information on every traveller. Because 'anti-terror' matters are, naturally, shrouded in secrecy, nobody really knows for sure exactly what is now passed on. Because of that, the standard advice, here on this site, has changed from "Go for it" to "Don't take the risk".

Prior to the introduction of the ESTA, there were plenty of contributors to this site who stated that they'd got into the USA by 'forgetting' about their convictions. I've not seen any recent similar posts, but there have been several press reports regarding travellers who've had very unpleasant experiences because they'd arrived in the USA with undeclared criminal convictions.

Chris

[Carra]

Thanks for your reply Chris - v helpful

Can I ask for your help again? Where did you find these press reports so that i can find out what i am letting myself in for?

[Dee Sa]

apply for your ESTA on line, if it goes though okay then you should be okay, if it doesnt then you just arent going.
Gill Charlton gives good info on the Sat Telegraph Travel Section of their web site.

[edeneye]

got back from usa last week have a conviction for theft and burgalry from 28 years ago initially i made an appointment to apply for visa but after reading a lot of posts on subject rang embassy and cancelled day before as decided not to go to usa. then changed my mind and booked hol filled in esta declaring no convictions that came back ok . filled out form on plane same answered the questions at immigration had fingerprints took no problems whatsoever.hope this info is some help to you.

[Carra]

For Edeneye
Thank you for your reply way back when
One more thing if u dont mind - what types of question were u asked at the airport ?

[max12]

Carra
Just wondering what your crime was and how long ago? Also, if you do go to the US can you post back on answer bank and let us know how you got on? It'd help out a few people on here

[Carra]

shoplifting from 1983 - so a fair while back

[Carra]

Can anybody tell me - what questions do the US authorites ask you at airports these days - do they ask you outright whether you have criminal convictions?

[max12]

No they don't ask that outright. They don't really say that much, just ask you what is the purpose of your visit and where will you be staying.

[Carra]

Just been to the US as per the above story and had absolutely no problems. Obtained the ESTA online without mentioning the offence from 25 years ago - filled in the green form accordingly - sailed through immigration - not even asked a question at customs

[hejhog]

Glad to see a number of people have entered with no problems.
We were trawling these sites a few weeks ago looking for feedack from travellers because we were travelling over with my sister and her partner to Boston at the end of Sept. He was done for drink driving in June and is serving a years ban. We found out too late that he would have to apply for a VISA (There is definetly not enough coverage in the UK on this issue - it is only when you are researching crimes involving 'moral turpitude' that you realise there is a problem in travelling with a criminal record to the USA).
Anyway, they decided to risk it (i.e. did not apply for a VISA) based on advice on these websites with peoples experiences (since ESTA really came into force this year, there is no point looking at older posts).

They ticked no to all the questions on the ESTA, which are EXACTLY the same as on the plane (in case like us you are unsure). The DHS website indicates that drink driving is not a crime of moral turpitude.
At passport control, the passports were scanned - no issue.
They held their breaths at the fingerprinting, since some people who post on other sites will have you believe that this may be in some way linked to the UK police database. Apparently not (as yet).
So they got through with no problems.
I'm not condoning this as the correct way to do things. But if like them, you are stuck without the time to apply for a visa, and have forked out on the cost of plane tickets / hotel etc. then I think it is worth the risk.
Between the 4 of us, this was the only criminal record, so I would not want to comment where records showed more substantial crimes.

The questions were routine, and we were actually asked more because my wife and I had been to the Middle East earlier in the year, and the officer was quite interested in that more than anything else.

I just wanted to add an up to date post on this

[helthom]

Hi, I have a shoplifting conviction from one yearago. I havea holiday booked to the USA- What is the chance I would be approved for a Visa? Also if I did not declare my conviction would the fingerprinting system in the airport show my record? Has anybody been to the USA recently with a similar record?
Thank you

[bennyboy123]

I've served time for Serious Class A offences, and Possesion of High Value Stolen Prop.. Ouch!

I've got lots of previous Stamps in my Passport from US, and have entered with a Criminal record before, but now I'm an ex-con for Class A offences could I be on there??

Also If I did enter and lie, what would happen if I tried to extend that VISA. I've got a pretty good LEGAL job oppurtunity in NYC that I've always dreamed of and don't know what to do!!