Travelling To The United States With An Arrest Or A Drink Drive Conviction

[kunal_t]

I am planning a trip to America later this year and just had a few questions on behalf of myself and a friend. Around a 3 years ago I was arrested for "Conspiracy to commit fraud", I was taken to the station and questioned, and then later released with No Further Action being taken. I was NOT cautioned, warned, or convicted in any sort, it was just an arrest. I recently filled out the esta which was immediately approved as soon as I made payment but on the question where it asked if I had been arrested for a crime related to moral turpitude I had selected "No" because I would assume it would come under "Joy Riding" and not actually "Fraud" (as no fraud was committed). So the esta went through and my question is that will my arrest show on their systems when I get to the US? Will they really send me away for such a small arrest? I have SC Security Clearance which was gained after the arrest, so I have been subject to detailed background checks in the past and have not had any problems, does this help? I'm sure plenty of people have gone into the states with just an arrest to their name and got through right?

My second question is for a friend, he has a drink drive conviction which is now spent, its been around 2 years since it became a spent conviction. His esta was also approved immediately as soon as payment was made. For the question whether he has been arrested or convicted for an act of moral turpitude he selected "No" as a drunk or reckless driving offence does not count as moral turpitude (according to the United States Department of State Foreign Affairs Manual). So my question is what are the chances of him getting through the border agency? Will his conviction show on their system?

Thanks,
James

[Bazile]

http://www.theanswerbank.co.uk/Travel/Question1224814.html

[LCDMAN]

You should both be aware that there is no concept of "spent" convictions as far as our American cousins are concerned. You're still a criminal in there eyes, how ever long ago you committed your offence.

[dzug2]

Your records will not show on their systems ==at the point of entry==.

For certain if they put their minds to it they could, going through channels, find out about them, but that's not the same thing. And they would need a reason to do it.