UK to USA ESTA - Help!

Travel Forums General Talk UK to USA ESTA - Help!

1. Posted by Lots_of_Lola (First Time Poster 1 posts) 13w Star this if you like it!

I am due to go to Orlando next October with my DD, who will be 18! DD was 15 when this took place!

Beginning of last year, DD was issued a Community Remedy Agreement for ASB… 🙄 DD thought it would be a great idea to smash a Council owned CCTV camera 🤦🏼‍♀️

I wasn’t concerned when I booked as it stated “this does not constitute a criminal conviction”.

However, I have been overthinking it and reread the agreement and it states that DD will be recorded as a offender and info may be declared on DBS and shared with partner agencies for the purpose of prevention and detection of crime! Cue the panic!

Just wondered if anyone happened to have any experience with this?

Thanks so much 😊

2. Posted by leics2 (Travel Guru 6045 posts) 13w Star this if you like it!

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?

A Community Remedy Agreement is sometimes used for less serious offences committed by, generally, young first-time offenders. The offender does not go through the court process (hence no conviction) but agrees that they committed the offence. Details are kept on police record for very obvious reasons but are not held on the PNC (police national computer) as a 'criminal record'. Details of your daughter's offence may be shared with other agencies e.g. other police forces or if she requires an enhanced DBS for a job.

You don't mention whether your daughter was formally arrested, which is a key point. The camera was council-owned (potentially 'government property') and smashing it would certainly be considered 'serious damage' by most people.

If she was formally arrested and ever needs a US visa for e.g work or study she may be asked why she ticked 'No' to the Esta question.

The chances of your daughter being stopped on entry to the US and taken for secondary questioning are very small indeed, although people can be ..and are...chosen at random.

Your daughter is almost an adult and should be involved in any discussion about whether to apply for a visa or travel on an ESTA. It's best to have that discussion as soon as possible so that there is plenty of time to organise a visa before you intend to travel (I'd advise applying in early 2024).

I suggest you discuss all this with your daughter and come to a joint decision.

[ Edit: Edited on 28 Nov 2023, 08:20 GMT by leics2 ]