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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

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231. Posted by Joanne1989 (Budding Member, 12 posts) 22 Jun '12 23:25

Quoting Tightrope

If you were not arrested you are eligible. However, shoplifting is theft and is considered to be a crime of moral turpitude but if they didn't arrest you then you are fine.

They took me to the police station and gave me a reprimand (think its a juvinielle caution) as I was only 16 would this count as juvinielle delinquency when looking at moral turpitude.

I have three months until I go on holiday and don't want to get there and brave my prints taken then sent bk etc

232. Posted by Joanne1989 (Budding Member, 12 posts) 22 Jun '12 23:26

Quoting Tightrope

Joanne, vegasmike6 is indeed correct. If you were under 18 years of age you are eligible to use the VWP.

You also put this thanks

233. Posted by Joanne1989 (Budding Member, 12 posts) 22 Jun '12 23:27

Quoting vegasmike6

Joanne,
The US seals juvenile records, UK as well. Your juvenile record will not be on file. Use the ESTA visa and enjoy your stay in the US.

Hi Vegas mike do you think I'll be okthanks

234. Posted by Carlylou83 (First Time Poster, 1 posts) 24 Jun '12 14:21

Me and my partner were thinking of going to Disney next year Oct 2013 for 2 weeks to do the parks and relax.

Well after being to the Holiday Hypermarket to get some more info we were told to speak to the Embassy as both myself and my partner have Criminal convictions..... Mine was back in Jan 2007 and it was Theft from Employer and i got a 2 year Suspended Sentance with 80hrs Community service and payback what i took (1500), All been done and completed along time ago - and im not sure if still on my record as was 5 years ago now and was my 1st offence (And last) and not had a run in with the law since!

But my partner is on Probation at the moment and has a suspended sentance too and is on an IDAP Course as his conviction was for Domestic voilance!

I have spent ALL night and afternoon trawling the Internet and reading 100's of Threads and info and i am so fightened of what to do - Do we apply for Visa's and the expence and still not Guarantee entry into USA or do you fill in the Form and tick the box that says NO Criminal Convictions???

Any advice i would greatly receive.

Thankyou

235. Posted by Tightrope (Budding Member, 28 posts) 24 Jun '12 15:48

Joanne if they took you to the station and gave you a Reprimand then this is not an arrest and that means that you can truthfully select 'no' to the question that asks 'have you ever been arrested?' Also a reprimand is not a conviction. If you were 16 when you committed the offense then your record by now is very likely to have been deleted. Records of reprimands last for 5 years for people aged between 13 and 18 who commit and admit to an offense, for people under 13 the reprimand stays on the police database until they are 18.

Are you sure it is still coming up on a CRB as now you are 23yrs of age 7 years have past since the reprimand?

It really does sound like you will be fine, as I say, a Reprimand is not an arrest, it's an alternative to arrest that the police offer to juveniles if they think the juvenile has the potential to not re-offend, also the person being reprimanded must admit to the offense. If you did not admit to the offense you would not have been given the reprimand you would have likely been arrested.

My apologies for the wrong information earlier, even people below the age of 18 who have been arrested must declare the arrest to the US Embassy. However, you have not been arrested so you can truthfully select 'no' on the ESTA.

When you fill out the ESTA online it will tell you if you allowed to travel or not, if you really are concerned fill it out before you actually book the holiday, once you have the flight details you can go back and enter them into your ESTA 'account'. If you are denied permission to travel then all you lose is $14 (about £8). Then you will know.

Even people with no record of arrest or conviction are told that the they cannot be guaranteed entry into the USA.

236. Posted by Tightrope (Budding Member, 28 posts) 24 Jun '12 16:04

Carlylou83

It is now more than 5 years since Jan 2007. 5 years after being convicted your record will have been 'Stepped Down', this means it will only show on an 'Enhanced CRB', it will not show on the standard CRB. You should declare this conviction to the US embassy, be sure to present yourself well (good manners, clean healthy appearance) and appear regretful about your crime in the interview, I can't be certain you will be given a visa, don't book a holiday until you get the visa.

Your partner almost certainly will be denied a visa. My advice would be to wait 5 years after his conviction date and then apply for a visa. The passing of plenty of time with no further arrests or convictions can help your case.

If you select 'no' on the ESTA and are somehow exposed you can risk a lengthy ban from entering the US.

Good luck.

Post 237 was removed by a moderator
238. Posted by muffin_80 (Budding Member, 4 posts) 25 Jun '12 10:32

Hi,

Need some general advise. I have a holiday booked to Florida later on in the year and I have a criminal record. I don't have enough time or money to apply for the other visa (even though from looking through previous posts, this seems pointless).

Looking back through older posts, a lot of people have said not to say anything and to just go for it which is what I am having to do. I have researched online about information that the UK share with the USA and it has been confirmed that as a general rule they don't unless your information is logged on the INTERPOL. But how do I know if my information is on the interpol?!?

My crime was theft, 6 - 7 years ago. I had my fingerprints and photo taken at the police station. My case was dealt with at the crown court and I was sentanced to a suspended sentance (so I did not go to prison), 200 hours community service and I paid the money back. This has now been spent as it was longer than 5 years ago.

I am just very concerned with the fingerprints that they do at the airport and whether my data is on the INTERPOL system. Having researched the INTERPOL system, it only contains information about seriuos crimes, wanted criminals and terrorists.

Anyone with any recent experiences, or anyone with any information on the INTERPOL data base would be much appreciated!

I am bricking it now, I just want to go Disney! If my info is on the INTERPOL then I know I am doomed, but if it is not then I hopefully will be ok!

Thanks guys x x x

239. Posted by CheersT (Travel Guru, 1514 posts) 25 Jun '12 11:04

There's never an ironclad guarantee in this life - especially dealing with Homeland Security and US Customs & Border Protection - but your question was answered back in Reply #22.

Cheers,
Terry

240. Posted by muffin_80 (Budding Member, 4 posts) 25 Jun '12 11:13

Thanks Terry!

So as I didnt go to Prison, my information should only remain in the UK?

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