acro

[edeneye]

i had an acro police check done and it stated no trace on it i was arrested 27 years ago for theft i would like to travel to usa and want to know if i could use the visa waiwer program i spoke to someone at local court who put me in touch with a guy at scotland yard who said it may of been wiped off my record

[Buenchico]

If you want to do everything strictly in accordance with the rules which are stated on website of the US embassy, you're meant to apply for a visa. (According to the website, anyone who's ever been arrested, even if completely innocent, is ineligible to use the Visa Waiver Program).

However, that process is incredibly long-winded (taking up to 6 months or more), time consuming (you have to attend an interview in London) and expensive (you have to pay an application fee, plus a further fee for a courier to return your passport, as well as the money to travel to the interview).

More importantly, the visa application process would be completely pointless anyway. There are two reasons for this:
Firstly, part of the process involves submitting a copy of your 'police record' to the US embassy. Since that record is blank, they'll just be confused as to why you're applying for a visa, rather than using the waiver program.
Secondly, the US immigration authorities have no direct access to UK criminal records (even when they actually exist). They've only got a list of high-risk individuals (such as suspected terrorists or drug-traffickers) provided by the UK authorities. So there's absolutely no way that they could know about your brush with the law.

Just use the Visa Waiver Program (while 'forgetting' about your arrest); you'll have no problems.

As you're probably aware, you now have to apply online, at least 72 hours prior to travel. Information (and the link to the online form) can be found here:
http://www.usembassy.org.uk/cons_new/visa/niv/ esta.html

Chris

[edeneye]

thanks a lot for your help x

[1313gray]

Hi after reading the last piece of advice you were given I would like to explain a few facts to you. While your ACRO police check may state no trace this is because you have had a committed an offence which has been "stepped Down". This just means that it has served its time on the live trace or if you like time served. The embassy will still require you to apply for a visa even if you were arrested 40 years ago. A new ESTA system came into place on 12 January where airports in the UK now have access to our records as like the last guy said US dont which is why you are required to fill out the ESTA before travel. Everyone who has ever been arrested has to have their fingerprints taken regardless of crime so when you fill out no to the question of moral turpitudes and they now scan your passport in the UK once your fingerprints appear on their database they will know you have lied on your ESTA and they will refuse entry at this end now. Much safer if you apply for visa rather than change it and once you are refused entry and you ever apply for a visa again your passport will be stamped visa denied and you will have to take that to the embassy with you. My husband is going through exactly the same process but he is attending an interview at the embassy as for us it just doesn't seem worth the risk. In the past people have always been able to get away with it but that was before the new electronic tracking system. If your look on your ACRO police record you will see it has your passport number on so that proves they can acces your details when sacnned at checkin thats why the US requires visa which are only photo chip or electronic scan so they can acces this information. Keep me posted what you decided and any other information I may be able to help you with as its something I have been reaerching for a while x

[emesmo107]

the acro fact sheet that comes with your report states that no trace means that you do not have any convictions ,cautions,rerimands or final warnings held on the police national computer
no live trace is when information is held about you on the PNC the information does not appear on your certificate as it has been stepped down
looks like the step down part only comes into play when it states no live trace

[edeneye]

thanks for your advice my acro check says no trace whatsoever so still undecided on what to do might not bother going far too much hassle for something which happened years ago

[thumpa]

I have a penalty notice for disorder, I was not sure on whether this was a form of arrest or not. I want to travel to America and have rang up the police and spoken to them on various occassions. On my PNC (ACRO) it has an arrest/summons reference number, which relates back to an arrest, however I was never offically taken to the police station, nor was my fingerprints or DNA taken.

I have just completed ESTA which states that I have authorisation to go. However, the website states that if you complete the form with incorrect information you may be deported back home when going through immagration. The police are unsure whether or not the arrest/summons reference number on my ACRO form would count for an offical arrest as stated on the visa waiver rules.

Any ideas on whether I am ok to go under the visa waiver? or should I apply for a visa?