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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

1651. Posted by Gbarfd (Budding Member 2 posts) 12w Star this if you like it!

I have two driving convictions from 4 years ago, 'Failure to report within 24 hours' (I was unaware of the accident, a carpark dent' and driving without due care and attention. I was convicted at court but never had any fingerprints taken and I was not arrested. Surely I can tick 'no' on the ESTA if someone with a DUI can?

I was refused an ETA for Canada last week, but the questions for Canada relates to 'any conviction' whereass the ESTA question is 'crime of serious damage or harm to an individua/government authority' - can anyone help me please, I need advice!

1652. Posted by Andyf (Moderator 823 posts) 12w Star this if you like it!

I think driving offences such as "due care" are civil offences rather than criminal; you don't have a criminal record and they needn't be mentioned.

1653. Posted by Sammylouisey (First Time Poster 1 posts) 12w Star this if you like it!

Hello!

A family member of mine was convicted for harrassment with 'fear of violence' in 2011 which resulted in a suspended sentence, community service etc.

We're looking at booking a holiday to America sometime next year and have been looking into the ESTA eligibilty questions. The following question (as it seems with most people) is the one that's troubling us the most:

'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?'

'The Information Hub' website provides the following information:

Our Helpline receives many calls from individuals looking for a definition of ‘moral turpitude’. By looking through the Consular guidance given to officials to help them decide whether to give someone a visa to the US or not, we have been able to identify a number of convictions that would not be classed as ‘moral turpitude’.

Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude:

(1) Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);
(2) Illegitimacy (i.e., the offense of begetting an illegitimate child);
(3) Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary);
(4) Incest (when a result of a marital status prohibited by law);
(5) Involuntary manslaughter (when killing is not the result of recklessness);
(6) Libel;
(7) Mailing an obscene letter;
(8) Mann Act violations (where coercion is not present);
(9) Riot; and
(10) Suicide (attempted).

The family all feel that we should answer 'no' to this question on the ESTA application. I'm just posting here for a second opinion?

Thanks in advance,

Sam

1654. Posted by Gbarfd (Budding Member 2 posts) 12w Star this if you like it!

Quoting Gbarfd

I have two driving convictions from 4 years ago, 'Failure to report within 24 hours' (I was unaware of the accident, a carpark dent' and driving without due care and attention. I was convicted at court but never had any fingerprints taken and I was not arrested. Surely I can tick 'no' on the ESTA if someone with a DUI can?

I was refused an ETA for Canada last week, but the questions for Canada relates to 'any conviction' whereass the ESTA question is 'crime of serious damage or harm to an individua/government authority' - can anyone help me please, I need advice!

Really sorry everyone - forgot to mention I am a UK citizen. The offence happened when I was 18 and I will be 22 when I travel. I applied for the ESTA and was approved instantly, as I did not feel my crime 'resulted in serious damage to property, or serious harm to another person or government authority? '

As I said, though I have a police certificate from (ACRO?) in the UK which list my convictions in the magistrates court, I have NEVER been arrested or fingerprinted so my biometric data is not on record.

I know it's risky but I feel confident that my crimes do not involve 'moral turpitude' and suppose I need to be reassured from someone with more knowledge on the subject.

P.S I am making my way through reading every single post in this forum, though I am not sure someone will have had the same two offences i've had!

1655. Posted by Curious to ask (Budding Member 6 posts) 12w Star this if you like it!

Hi. I had posted months ago about my situation which was a sexual offence (indecent exposure) which unfortunately resulted in a conviction. 3 years community payback order but got early discharged from the order after 1 year 10 months as i wasn't a risk.
I was put on Sex offender register for the period of the sentence. Convicted 2013 and order ended 2015. I'm also UK citizen

That's my only conviction.

I have a couple of questions

I have read this whole thread and i have to say that Terry and travelmans advice is crystal clear and very good. I have decided that I'm the type of person to answer no on the esta as i am just going for a holiday whenever that will be to the US. I am aware of the Risk however i do not feel being honest will benefit me. The thing is that yes i am a "sex offender" the brand will always stick but i know I'm a good person that had made a stupid mistake. I actually have a PVG disclosure which is required as i have passed training with the ambulance service so things are going well. :)

My main question is
If i say no to the ETA form for Canada will it be the exact same concept for the esta?
can i only be found out if I'm literally pulled out the crowd and there has been checks on me?

I do not want to admit anything as I'm just being a tourist and would like to be unnoticed. I want to experience the world and not be held back by judgement.

Any input on my question would be brilliant. Terry, travelmans. You guys have brilliant knowledge on this thread.

I'm 23 now. Was 19 when i was convicted. Thanks for reading. :)

Posts 1656 & 1657 were removed by moderators
1658. Posted by CheersT (Travel Guru 2574 posts) 12w Star this if you like it!

bhanudurga, you're posting white noise.

Cheers,
Terry

1659. Posted by mfell (Budding Member 2 posts) 11w Star this if you like it!

Hello everyone,

I don't suppose any one knows of a working visa for the US without having to submit an ACRO certificate?

I have a criminal conviction from 4 years ago for possession with intent to supply Class C. But I was only wanting to work in the states for a temporary amount of time. I was just going to tick 'no' on the form.

Even though I know the USA doesn't have Working Holiday Visas, do they have anything similar to what New Zealand and Australia offer? Like a sort of temporary year or 2 long work and travel visa?

Is it also the case with a B2 holiday visa that no ACRO certificate has to be supplied for this if you tick 'No' to criminal conviction?

Cheers, Mart

1660. Posted by airbud55 (First Time Poster 1 posts) 10w Star this if you like it!

Hello everyone,

Been reading this thread and some of the other related ones on this forum for the last little while and just want to say that, first of all, there's some great advice in here.

I have a question which I think may be a little different though from the ones that have already been asked. If it isn't, I apologize in advance and would appreciate a nudge in the right direction for where I might find the answer.

My question is this: I am a CANADIAN citizen with a criminal conviction (convicted in 2013, served a few months in 2014) looking to travel to the EU (Iceland, UK, France, Italy). What issues am I looking at when travelling to these countries?