Going to Vegas with a police caution

Travel Forums Introductions Going to Vegas with a police caution

1. Posted by Davejones23 (Budding Member 2 posts) 6w Star this if you like it!

Hi everyone,

I am travelling to Las Vegas with a group of friends. Unfortunately I received a caution for theft when I was 19, that was over 10 years ago and a stupid situation. I have not committed any other offences and I now teach in a school. My DBS/CRB does not show any offences and it comes back clean every time.

I have two questions -

1) Will I be allowed into America?

2) Do I declare it on my application

Thank you,

Dave

2. Posted by leics2 (Travel Guru 1194 posts) 6w 1 Star this if you like it!

When you accepted a caution you legally acknowledged that you were guilty of the offence of theft. Under US law, theft is a crime involving moral turpitude (CIMT).

https://hub.unlock.org.uk/knowledgebase/identifying-whether-my-offence-is-a-crime-involving-moral-turpitude-cimt/

The US does not recognise any convictions from other jurisdictions as 'spent'.

>Do I declare it on my application

The relevant ESTA question is:

>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?

There is no definition of 'serious' in the public domain.

If you tick 'yes' to that ESTA question your application will be denied and you'll be told to apply for a visa.

If you tick 'No' you could, in theory, be considered to be making a fraudulent declaration (potenitally a US criminal offence).

The US embassy advice is:

>We do not recommend that travelers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record..... attempt to travel visa free under the Visa Waiver Program. The Rehabilitation of Offenders Act does not apply to US visa law and spent convictions,regardless of when they occurred will have a bearing on a traveler’s eligibility for admission into the United States.<

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

The US has no automatic access to UK criminal records and the chances of you being questioned in detail on entry are slim, though they do exist (secondary questioning can happen at random).

You will, of course, have to continue to tick 'No' on each subsequent ESTA.

Some people will tell you to just tick 'No' on the ESTA, some people will tell you to follow the embassy advice and apply for a visa. Ultimately, that is a decision only you can make. The experiences of others have absolutely no relevance to what might happen to you. Each application is dealt with on an individual basis.

Assuming everything else is ok, imo the chances of you being granted a visa are very good indeed. :-)

[ Edit: Edited on 16-Feb-2020, 14:28 GMT by leics2 ]

3. Posted by Davejones23 (Budding Member 2 posts) 6w Star this if you like it!

Hi,

Thank you so much for taking time out to help me. I really appreciate it and it’s very helpful.

I will have a long think on what to do and I will post what I did to help others.

Thanks again,

Dave

4. Posted by leics2 (Travel Guru 1194 posts) 6w Star this if you like it!

You are welcome.

Please do come back and let us know how things work out. It is very useful for others. :-)