Visa Waiver Programme and Caution under 18.

[paul84]

Hi there,

When I was 13 I was arrested and cautioned for shop-lifting (To be truthful it wasn't even me, it was a stupid friend of mine who I was with, but the police arrested both of us and we both got a talking to at the station from a senior officer which i presume consitutes a caution? we weren't fingerprinted or anything though) I think i remember the policeman saying there would be no record of it after I was 16 if I never did anything again but my memory is hazy on that bit. Looking back, i should have denied been involved but I didn't (and still don't to be honest) understand much about the law. Anyway non of that matters because I'm stuck with it.

My query though is to how this will affect me in the future, will it show up on any checks? (because i was under 18 and it was 9 years ago) and would I still be able to visit the USA/other on the VWP? Different sites seem to say and different things and there is nothing specific about been under 18 when you got the caution.One site said you couldn't get the VWP if you had ever been even just arrested! which seems very harsh, especially if you hadn't done anything at all and were released.

Also is there any way I can check?

I should mention nothing has happened since and I'm in the UK by the way.

Many Thanks
Paul

[tamiya]

paul , i doubt you would have any trouble getting a visa, if all you got was a telling off then it was recorded locally, you could apply for a c.r.b check (criminal records bureau) it costs about 10 pound and you can get a form from your local police station

[paul84]

Thanks for the reply. Yeh, I was 99% sure i would be able to *get* a visa, i.e. apply for one before i went because of this clause in the Immigration and Nationality Act, Sec 212

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# Crimes of Moral Turpitude AND Controlled Substances

* Exceptions: the offence occurred before your 18th birthday (5 years have since passed following the date of the commission of the offence and release from imprisonment), there is only one offence where the maximum penalty is 1 year and the sentence imposed was 6 months or less. Includes attempting to commit or commission of an offence for which there was no conviction.
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However it is the Visa waiver programme I am specifically interested in. Apparntly you fill in something on the plane/at immigration and one of the questions is to do with convictions etc. What is the precise wording of the question? Some people have said they just lie and have put no and have no problems but I'd rather not do this but apparntly if you answer yes they put you on the first plane back!

[lady_p_gold]

Paul don't worry about it at all just put 'no' to everything on the form which you will find you will be able to do truthfully as you were not arrested or anything. If you search in 'Travel' someone posted the actual form a while back as this is a FAQ, but really it is quite straightforward and as I say, you can just put no to everything.

[paul84]

i was arrested though...

[Whickerman]

...but not convicted of a crime. Relax.