US Visa Waiver Program

[PJ_101]

I am travelling to the USA later this year. I was arrested and cautioned for possession of a small amount of cocaine last year. The police assured me that the details will remain only on their internal database (I DO NOT have a criminal record).

Theoretically I know I will not qualify for the VWP, but if the information is only on a police db, how will anyone know?

Has anybody travelled under a similar scenario?

[steve2010]

the USA customs do not have access to our criminal records,they are only notified of people who are a risk to security and high profile arrests

[City1000]

I know of a good pal in exactly the same situation with same drug and same punishment.

He flew to the US and simply ticked 'no' on the green form when it asked if he had ever been arrested and went straight through.

Clearly these types of offences/'records' are not shared. I think what you have is a plice record, not a criminal record and I am led to believe there IS a difference.

If'/when the USA ever insist that all visitors need to formally apply for a waiver (as has bene suggested) you'll clearly have a bit of a problem as you have, in effect, entered the country illegaly.

However, I'm sure you're one of several hundred thousand.

Enjoy the US, the customs guys aren't (in my experience anyway) as bad as they are often made out to be.

[munchie63]

for the sake of $100 and peace of mind, I'd get a visa.
(actually, I did).

you know yourself that you need one, as the waiver states 'if ever arrested, even if not convicted'.

You were arrested, although were released with a caution, and didn't go to court.
Very unlikely the US will ever get access to every countries police database, and you'll be okay.
On the other hand, with 'our special relationship' with the US, our Govmnt may decide to share info and you're stuffed.

[City1000]

If you do as advised above I doubt you'll get one as you were arrested (and admitted) for possession of a class A drug.

The US don't recognise the caution system. I beleive you'll find that they won't issue you as VISA and will, in fact, ban you from the US indefinately.

Its a crazy system.

[bullpen]

I have very recently been to the US and I have a criminal record for drink driving when I was very depressed and suffering emotional and work turmoils. I had no problemwith the VWP. If I can quote from theVWP documentation if you have a communicable disease, physical or mental disorder (which I stil have) or are a drug abuser or addict. SECONDLY have you been arrested or convicted for an offence or crime involving moral terpitude or a controlled substance, or been arrested or convicted of 2 or more offences for which the total sentence was 5 or more years or are you seeking entry to engage in criminal or immoral activities. Hope this answers your question