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Travelling to US with a criminal record in the UK

Travel Forums North America Travelling to US with a criminal record in the UK

1171. Posted by anonymous123 (Inactive 14 posts) 43w

Hi, as far as Im aware no police certs are needed for the h1b or L1a. Tbh the crime i was arrested for was pretty bad (involving children) and I remember reading somewhere that the US can request PNC details, in which this would come up. With ESTA im not too worried as Id be out of the country in a short time anyway but for work Im sort of in a dilemma

1172. Posted by CheersT (Travel Guru 2420 posts) 43w

Quoting anonymous123

travelman99: I completely agree with you. What is supposedly the freest country in the world seems to have disproportionately strict immigration rules and from what I've heard the most unfriendly and intimidating border officials in the world...

Don't be too hard on them. Yes, they can appear draconian and ridiculous but they're also one of the most desired countries on the planet for immigrants and they're in the crosshairs for all kinds of political nutbars.

And no, their CBP officials are nowhere near the most unfriendly and intimidating in the world, that's a silly accusation.

Cheers,
Terry

1173. Posted by travelman99 (Full Member 145 posts) 43w

I will have to check this around the H1B1 - did you go to court for the offence or were you put on the sex offenders list?

If you were discharged it shouldn't matter - however you would, if you decided to do it properly, be issued a visa as you were not convicted. They will only deny entrance as a rule without convictions to terrorist suspects.

1174. Posted by anonymous123 (Inactive 14 posts) 43w

Hi, I was charged and went to court but there was no caution or conviction as I was acquitted. I wasn't placed on ViSOR but I do believe the local police force and pnc holds some sort of record. The thing is with my job criminal offences are taken seriously and as the company would have to sponsor me they would very likely find out. I would probably be persuaded to quit as a result. I know this guy who got arrested for drunk and disorderly, got off with a fine (in FR) and the next day he was gone.

1175. Posted by anonymous123 (Inactive 14 posts) 43w

One more thing - I've read in this post that if it says 'no live trace' on your ACRO police certificate it essentially says that you did something bad in the past. Can anyone who has actually gotten one verify whether arrests and charges come up as opposed to only showing convictions or cautions? Eg. might it say on the certificate: arrested for xxx 10-oct-2001, charged with xxx 01-feb-2002 and so on?

1176. Posted by travelman99 (Full Member 145 posts) 42w

It's illegal for companies to fire you for spent convictions or charges that were dropped. 3rd parties can only access ACPO subject access reports for your written consent

I'm not sure if an ACRO will have arrests on it - I doubt it, however, you weren't found guilty, it was all a misunderstanding and the courts passed that judgement. I'm not sure what you're worried about? It will be an awkward thing to explain but why would you need too - you're conviction free.

1177. Posted by anonymous123 (Inactive 14 posts) 42w

It wouldn't be so much of a 'dismissal' but rather a 'you really should resign' situation. It's sort of an industry policy and if you get any sort of bad name in one company you're effectively banned from the entire industry. They did a full police check in France when I accepted the job which I know would reveal any arrests - the guy interviewing me even said that if you have been arrested before they'll find out and I'd very likely be turned down. The thing is because a US visa (probably an L-1A) has to be sponsored my employer (I'd probs be working with the same company in the US) might see what I filled in on my form. I know from reading previous FOI requests that the US does not have 'routine' access to the UK PNC so I know that I could probably get away with not declaring anything, but still...

1178. Posted by travelman99 (Full Member 145 posts) 42w

Interesting approach, I'd they did find out that would be a case for constructive dismissal and a law suit.

Without giving the company away, what industry do you work in? I work in the tech industry and when I interviewed they did a basic police check in which nothing showed up (a caution is spent immediately) and even in my contract is says I at no point have to disclose anything spent.

On our HR page it mentions matters involving the police seem to only be taken into consideration if arrested whilst employed, and if it has a impact on my position that I'm contracted for. I.e as a sales manager I was convicted for fraud, stealing, and other serious crimes.

One day when I'm asked to go to America I'll have to declare it, and I'm hoping they will not see having a gram of paracetamol my mate gave me at a festival and thinking it was cocaine as having an impact on my contract - my mates find it hilarious... I just hope the company take it lightly...

1179. Posted by anonymous123 (Inactive 14 posts) 42w

Finance & banking. It's sort of understandable though, but luckily they don't require police records from other countries like the US does!
Anyways I've phoned up several immigration lawyers/specialists (some actually work on Sundays!) and they've told me the same thing that people say here - the US don't have access to PNC but can make requests in what they call 'exceptional circumstances'. Given that I'm not resident in the UK they've said that this is even more unlikely as even if they did suspect something was fishy they'd be more likely to check with the French police. They couldn't legally advise me to tick 'no' on ESTA but they essentially said that 99% of the time nothing would happen. One slightly unprofessional lawyer even told me that he had an Italian client who jumped bail and didn't report to the police station in the UK and was apparently listed as 'wanted' on the PNC got a working visa for the US and now has a green card! Also, another lawyer told me something about the '5 countries conference' - the UK, US, NZ, Aus and Canada share some biometric information, but this is only limited to those applying for asylum/immigration in these countries. The database set which the UK uses for this sharing scheme is only the 'Immigration and Asylum Fingerprint System' which the UKBA, and not the police, manages.
Hope this helps for others.

1180. Posted by anonymous123 (Inactive 14 posts) 42w

Also, this might sound obvious but TAKE THIS INFORMATION WITH A PINCH OF SALT. As CheersTerry and others have helpfully pointed out before, NOTHING is certain, especially when dealing with US immigration. Having this information is good news, of course, but take it as advice rather than completely depend on it. May the odds be ever in your (our, really) favour.