Travelling to US with a criminal record in the UK

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

2141. Posted by travelman99 (Respected Member 230 posts) 4w Star this if you like it!

Hi

Your employer wouldn’t be notified and you don’t need a reference from them.

The only time an employer would be involved is if you’re being sponsored.

Cheers

2142. Posted by Spiffy ( 0 posts) 4w Star this if you like it!

Thanks for the reply, that's good to hear. :)

2143. Posted by Nebb ( 0 posts) 4w Star this if you like it!

Hi, I've travelled a fair bit for work, mainly in EU but also Japan and I've recently been told that I may find myself on a trip to the US.
However, I received a cannabis warning in 2012 for possessing a very small bag of it. It was a verbal warning, I wasn't arrested and there wasn't any paperwork involved. I'm really worried now though, whether it would show up on a visa application or if it's something I need to declare.
As far as I know it's not a caution and I won't have a criminal record, but I've read lots of contrasting explanations on the Internet, wondering if anyone here can help?

Thanks in advance.

2144. Posted by travelman99 (Respected Member 230 posts) 4w Star this if you like it!

Hi Nebb

What is your nationality, why do you need a visa, can you not use the ESTA?

Either way, just to be 100% clear, if there was no arrest, no charge, no conviction, then you have nothing to declare. Furthermore, even if you did have a caution/conviction, simple possession of weed below 30g does not make you inadmissible to the US .

Put it out your mind and enjoy your trip.

Cheers

2145. Posted by Lulu10 ( 0 posts) 4w Star this if you like it!

Hi. I have read pages and pages on this thread but am still not very clear on whether I need to declare my conviction. I was a single parent and went to uni 10 years ago at age 26. I received student loans I had to have time out after surgery but was in receipt of student loans as well as some benefit. Benefits took me to court and I was charged with fraud but if the less serious without intent. So it was failure to declare - they accepted I never claimed the benefit illegally and didn’t intend to defraud benefits so was convicted of failure to notify However that is considered moral turpitude I had tag as I was at that time recovering from another surgery for 4 weeks There was no jail time It was originally community service but due to my health was changed to tag
I’ve been to New York prior to that my dad just laid for me and my daughter to go for a long weekend but I’m terrified now I won’t get in Do I need to declare as there was no jail time? I’ve read that if the maximum sentence was a year or if no jail time is served then I don’t I’ve read conflicting Information It the problem is we’re going in 4 weeks so I may not ever have time to apply for a visa What is the likelihood of not declaring on the plane and the. They refuse me entry? I’m so stressed not so much for me but my daughter I don’t want to let her down so would appreciate any advice - and sorry for the long winded message

[ Edit: -- ]

2146. Posted by Old Man At (Budding Member 49 posts) 4w Star this if you like it!

Wow this is a popular topic. Are there that many criminals in the UK? Suddenly Brexit seems like a great idea

2147. Posted by travelman99 (Respected Member 230 posts) 4w Star this if you like it!

^ Useless comment.

[ Edit: Edited on 22-Jan-2019, at 02:09 by travelman99 ]

2148. Posted by leics2 (Respected Member 542 posts) 4w Star this if you like it!

Are there that many criminals in the UK?

A 'useless comment' perhaps but to enhance understanding:

Of course Brexit has no relevance whatsoever. Each and every EU country, including the UK, has its own laws and legal procedures. The EU is not like the USA.

And of course there aren't 'that many' criminals in the UK. But this is an English-language site with a thread which often shows up on the first page of google searches...and:

a) the US does not recognise *any* spent convictions, however minor the crime and however long ago it was committed. A 50-year-old conviction for e.g. shoplifting would still, in theory, make one ineligible for an ESTA.

b) The use of 'arrest' is not the same in the US as it is in the UK. In the UK you can be arrested for relatively minor crimes (e.g behaviour likely to cause a breach of the peace, drunk & disorderly etc etc) . There are no 'citations' in the UK. So people can be, and frequently are, arrested even though no charge or court case, let alone conviction, follows.

c) Any arrest, charge or conviction for a 'crime involving moral turpitude' makes one ineligible for an ESTA. The ESTA application does not define CIMT except in somewhat nebulous terms of 'causing serious damage to property or serious harm to another person or government property'. Both 'serious' and 'harm' can defined in any number of ways.

d) The drug question 'Have you ever violated any law related to possessing, using, or distributing illegal drugs?' covers all illegal drug use, even those which result in a police caution ( a warning) for a small amount of cannabis.....something which does not form part of a criminal record.

People ask questions because a) they don't understand whether their particular offence makes them ineligible for an ESTA b) they want to know the chances of getting found out if they lie on the ESTA c) they want to know the chances of being granted a visa d) they want to know the chances of being recommended for a waiver of ineligibility and e) a myriad of other reasons.

Hope that helps. :-)

[ Edit: Edited on 22-Jan-2019, at 03:19 by leics2 ]

2149. Posted by travelman99 (Respected Member 230 posts) 4w 1 Star this if you like it!

‘police caution ( a warning) for a small amount of cannabis.....something which does not form part of a criminal record.’

A police caution does form part of your criminal record. A cannabis warning and a police caution are two very different things. Cannabis possession is also treated different to class A possession.

2150. Posted by leics2 (Respected Member 542 posts) 4w Star this if you like it!

Thank you for clarifying my sloppy construction, Travelman. Easily done, as you yourself know. :-)

[ Edit: Edited on 22-Jan-2019, at 03:51 by leics2 ]