Do I Need A Visa To Enter The Us If I Have A Criminal Record

[mark_tudge]

do i need a visa to enter the US if i have a criminal record? it happened in December 2009, it was criminal damage, and possession of an offencive weapon. can I just do the esta? I didn't get sent to rison I just got 200hours community service

[RATTER15]

You will be lucky if they let you in.

[pusskin]

Cant see them letting you in mark.

[237SJ]

You won`t necessarily be turned away at the border but you will probably need to apply for a visa.

[DTCwordfan]

Nope you won't get in....

[sandyRoe]

If you don't tell them how would they know?

[boxtops]

From previous people who've asked the same question, they won't let you in.

[boxtops]

One previous thread suggests you need to remain crime free for 5 years before you can apply to go to the States - that would be Dec 2014 in your case then.

[237SJ]

I have never really managed to find out about ESTAs. From what I know at work, Uk companies/agencies are not allowed to share information about passengers (due to the Data Protection Act) outside of the EU. Criminal records are certainly not divulged to the US authorities. The US authorities are only interested in you if your name matches a named person on their database who is wanted for one reason or another and they will know you are about to arrive at their borders via APIS. If you have committed a crime in the UK, they will not know about it. That said, it`s probably best to come clean and apply for a visa.

[jno]

in theory you would have to apply for a visa, which you might just get, though your conviction was quite recent. The US embassy says you have to apply for a visa if you've been convicted, or even just arrested, for any offence.

But the actual question on the Esta form is "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more?" That's more limited, as it's only about moral turpitude and drugs.

What's moral turpitude? See here:

http://en.wikipedia.org/wiki/Moral_turpitude#U.S._government_guidance_on_determining_moral_turpitude

I don't know if "malicious destruction of property" includes you. Offensive weapons don't seem to bother them.

If you do apply for a visa, it can take months to get an interview. An interviewer may think you'll still be eligible but maybe not for a few years more after your conviction (there doesn't seem to be any rule, but some people suggest five years or so).

Or you could just apply for the Esta and say "no" to the question. They don't have access to UK criminal records except, as far as I know, for big-time criminals. So you'd probably have a good chance of getting away with it.

Over to you, though.

[237SJ]

jno - it doesn`t take 4 or 5 months to get an interview. It takes about 4 weeks (max) at present.

[jno]

that's right, I'd forgotten you'd applied recently, thanks 237SJ.

[Buenchico]

The official answer:
http://london.usembassy.gov/niv/add_crime.html