Reply With QuoteThis looks like it answers all the questions:
http://hub.unlock.org.uk/knowledgeba...my-convictions
Following on from my Vegas thread, my Wife has just reminded me of a past conviction I have from 11 years ago, will this mess up booking a holiday to Vegas?
A quick google returns mixed opinions, here's hoping someone else on here was a bit of an idiot in their younger years also and has been through the same scenario and can advise
Cheers
This looks like it answers all the questions:
http://hub.unlock.org.uk/knowledgeba...my-convictions
It will depend entirely on the crime, surely?
Good link that!Originally Posted by Phil Lee
You have to get a visa if you have a criminal conviction. The ESTA/VWP requires you to declare you have no convictions.
Apply for a visa,it's shit getting turned around .
This baffled me as I know a former colleague definitely had a conviction for football violence. I asked him how he got away with it when he went to Texas and he basically said if you declare it initially and your refused, your then on the system for life. If you chance it and don't declare it you'll be joining thousands of others who conveniently forget to declare it and presumably be ok. Not something I'd like to risk though.
i was in the same situation as op and i would advise getting a visa.
its a PITA.you have to get your record in duplicate and keep one sealed and then go to the U.S embassy in london wait most of the day then get your finger and palm prints taken, then wait some more for a 2 min interview and which at the end got a 10 year tourist visa.
just to add my conviction was a stupid drunken brawl no injuries to either party resulting in a £250 fine nearly 30 years ago(no transgressions since) and i still needed the visa.
better to have it all in place before you go rather than get turned away once you land in the states.
What about something minor that occurred say 30 or 40 years ago and doesn't even show up on a current enhanced DBS check in the UK?
Not declaring that is a low risk option surely?
as far as I'm aware if its a conviction it shows up. as with my post above mine was nearly 30 years ago
The point I was making was that if it does not show up on the UK police computer records system then how on earth would they know?
Exactly they wouldnt´know.....
Not quite the OP`s situation but I got a Green Card no problems, some years ago despite declaring I had a conviction, albeit sub assault seriousness.
Have had no problems since then despite rescinding the Green Card, esta´s have been fine.
Is this a UK conviction?
There is a list of 'recordable offences' which stay on your record until you are 100 years old.
If it's not on the list it is expunged from UK records.
When you look long into an abyss, the abyss looks long into you.........
Declare it on the ESTA. If you chance it and are asked on arrival for any reason and you say no. You've lied and if caught out will be refused entry and deported. With a possible lengthy ban.
Honesty is the best policy when dealing with Border Officials. A refusal stamp in your passport from the US may raise eyebrows when travelling to other countries as well.
Some convictions in the U.K. Become spent after a certain period of time, the issue here is that it's not UK law that will apply stateside so I'd declare i, or speak to the American embassy and see what they say.
Looks like a trip to London is in order then!
We plan to go to Vegas this year for my 40th but no biggy on that, what I don't want is for my Daughter to turn around in the fiture and ask to go to Disney land and Daddy says we can't because he was a complete tit when he was younger!
Whats the process, does anyone know?
https://uk.usembassy.gov/visas/visa-...-requirements/
https://uk.usembassy.gov/visas/visa-...-requirements/
Apply for a visa/ESTA see what they say.
Better to play safe and find out before you get there and get sent back.
To put this in context. A UK Chief Immigration Officer got a drink driving conviction a few months before travelling to the US. Delcared it on his ESTA, trip was a holiday.
No problems.
He asked on arrival as a matter of interest if he'd not declared it, would it have been picked up. Told yes. They would have been more concerned at his lack of disclosure than the offence itself and would have more than likely refused him and sent him home.
It depends on the offence. They take into account how long ago it was etc etc. Or whether you are a habitual offender or a moment of madness type.
Be honest and upfront is the best advice I can give.
I received a 'traffic ticket' last year after some numpty hit the side of our hire car. State Trooper was almost embarrassed when issuing the ticket and alluded to the 'tourist trap' for this kind of situation as it solves the issue for them and closes the case. When I asked about my options I was informed that (in Florida) you can appeal (in person) which clearly we were not going to do whilst on holiday, contest it via a multitude of 'legal' outfits who offer to sort this for you, pay the fine ($163) 0r do nothing. When I asked about the consequences of 'doing nothing' he just shrugged his shoulders and said that he believed nothing would happen and it would not prevent or cause any issues on subsequent visits to the US as it was simply a civil matter with no criminal consequences.
I paid the $163 - nothing worse than an issue with US border control when you are trying to start a trip which you want to enjoy!.
When you look long into an abyss, the abyss looks long into you.........
A pal of mine had an old drink drive conviction on his record but still made it to Vegas with us without issue.
I was under the impression that lying on the ESTA is a much more significant issue than most crimes.
They generally will grant a visa unless you have a serious criminal conviction: rape , murder , serious assault case.
The tricky thing though is that the esta also asks you if you were ever arrested.
I was told not to worry about that as us/uk apparently don't share arrest records.
Also an arrest on your record is somehow more significant in the US than it is in the UK. ie an arrest in UK is just a procedure whilst there is seemingly some sort of stigma attached to it in the US...
I was arrested , charged and acquitted. So whilst I'm squeeky clean technically I could also require a visa. Last time I went stateside it was those little green disclosure forms.
If, for some reason, you choose not to declare it you might consider flying in via Dublin where you go through the immigration rigmarole before you fly. If you are stopped you've lost much less time and there is significant anecdotal evidence to suggest that the US immigration personnel are much better behaved being, as they are, on foreign soil. I realise that this belongs on a different thread but there are many more interesting and varied places in the world that don't subject you to this kind of nonsense as a cost of entry.
Or try the Mexican wall?
Add drugs to that list, otherwise keep your mouth shut. Although australia is another matter all together.
Last edited by the big fella; 22nd January 2017 at 14:20.
I wouldn't take any chances just in case. I was refused entry for a near 10 year old drink driving conviction. I can't recall the specifics of the response, but it was along the lines of wait X amount of time and then visit their embassy in London for probationary interviews or something.
My Daughter's friends fella has the same type of thing ,very recently visited LV and NY no problems what so ever, I also know of a similar character who has been to florida, vegas, recently same result and worse conviction.
Hmmph. Maybe they just figured out that I'm Welsh and decided they wanted none of that?The Howard Marks effect.
I know of a few local lads that went down to London and were refused a visa. My cousin went across for a family wedding and never declared his conviction and walked straight through. If your conviction was for moving 5 ton of class a drugs across borders then you might be on their radar but if it was a bit of fisty cuffs as a youth I wouldn't declare it. They've bigger fish to fry.
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I figure because I was arrested ,charged then aquitted I'm best off just not mentioning the arrest. My criminal record will be clean regardless and supposedly arrest records aren't shared.
Hell I was always innocent anyway.
You have to be very careful nowadays and particularly since CRB's were replaced with DBS checks. I not only do DBS checks but because of my work have up to 6 current DBS checks in place and am also registered on the DBS update service (self employed working with vulnerable children and adults, court work and access to sensitive data, for quite a few organisations).
People think that because something doesn't show up on an enhanced DBS check it isn't on their criminal records file. What happens now with DBS checks is that a senior Police Officer will have a look at a caution / conviction and make a decision as to whether it is relevant to disclose any information for that particular role on that particular DBS check. They often come back clear but that doesn't mean that any caution / conviction is not noted on their file. The Police can also get this wrong. Not often but it can cause problems. Also with enhanced DBS checks you have to declare everything and there is no time limitations on when you don't have to declare a caution / conviction. Lost of people get caught out as they have something in their head about not having to declare after 7 years which isn't the case.
Just to give a very recent example, I am involved in making decisions about prospective foster carers. Most people would want any convictions for violence declared and risk assessed for any adult looking after vulnerable children that may have suffered abuse, trauma, and often as a result of DV. I recently came across a prospective male carer who was very honest in declaring that he had a number of convictions for affray, DV and assault a number of years ago. His DBS came back clear and that was because some Police Officer somewhere thought that these were not relevant for a fostering applicant. Anyway, after going back and querying this information there was a u turn from the Police.
A clear DBS doesn't mean no cautions / convictions.
Chris
Nothing is expunged from your record. For most jobs you don't have to declare after a certain time limit but the information is not expunged.
Thanks. That example is very concerning.
R
Ignorance breeds Fear. Fear breeds Hatred. Hatred breeds Ignorance. Break the chain.
Is having a criminal record still a requirement of entry?
Used to be
Someone I know was convicted of a 'serious crime' in 1979 and has visited the U.S many times, more recently with ETSA, never declared it and never had an issue. I don't believe the U.S.A. are interested in anything other than capital and drug crimes - indeed the white forms on the plane are quite specific IIRC.
It can't be that much of an issue - have you seen the type of people walking around Florida in their vests in the summer?
I have cannabis possession on my record from my teens, returned from NY on 9th Jan, used the ESTA service and didn't declare anything (advised not by friends). All was fine.
Thanks again for all the replies!
Sadly my conviction is a lot worse than simply a possession charge or a scuffle outside the pub so have decided to go to the embassy cap in hand and be up front and honest, the last thing my Wife and I want is to spend a fortune on a Vegas holiday of a lifetime for my 40th only to be turned away and banned for not disclosing.
Just need to find out the process now!
I think that's the right decision. Even if it's a no on this occasion that may go in your favour next time you attend.
It's always best to be open and honest when dealing with Law Enforcement, particularly those of another country. Should you have an issue abroad and for some reason further checks are done this could make something minor a lot worse.
Wish you the best of luck and hope the Embassy take a common sense approach.
When referring to being honest, mainly because their punishment for failing to disclose may be far higher than here. Some countries go to town with fines and custodial sentences.
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