US Visa - Driving offence

[Cal814]

I had a drink driving ban which expired in 1979! Will I have to declare this if I want to go on holiday to US and how will they know if I dont decalre it?

[dzug]

Legally you have to declare it, and you will be sent straight home if you do so on arrival on the visa waiver form.

In reality I can't imagine them knowing about a relatively minor offence over 25 years old if you don't declare it.

The safe legal option is to apply for a visa and declare it - you are pretty certain to get the visa but it could take several months and cost you US$100.

[dannydingbat]

There's no way they would know. In the UK, the Rehabilitation of Offender Act 1974 says that, after so many years, the offence is deemed never to have been committed. Even if you had been to prison for 6 months, this is expunged after 7 years. I had a conviction in 1967 for defective brakes and have never had this raised in 27 visits to the states.

[jno]

you're actually supposed to tell them even if you've just been arrested for something, without conviction or even a charge, and regardless of the 1974 act. And I wouldn't put it past the government to hand their entire criminal justice files over to Washington so the incompetents at the FBI can check. But for all that, I think danny is right: after that length of time you're better off just shutting up about it; I don't think you'll be on their records.

[Buenchico]

Anyone who's ever been arrested (even if totally innocent) is ineligible for the Visa Waiver Program. See here:
http://www.usembassy.org.uk/cons_new/visa/niv/ arrests_and_convictions.html

To enter the US legally, you must obtain a visa. You can fill in the application form online, here:
http://www.usembassy.org.uk/cons_new/visa/niv/ electronic.html

Then you need to schedule an interview at the US Embassy in London. See here:
http://www.usembassy.org.uk/cons_new/visa/niv/ interview.html

It typically takes two to three weeks to get an interview. The interview process takes two to three hours. Then, because you'll have answered 'yes' to the 'arrests and convictions' question, it will take a minimum of 14 to 16 weeks before you'll get your visa.

If you're invited to take part in the trial payment scheme, the visa application fee is US$100, payable by credit/debit card when you attend for interview. Otherwise, you'll be given a form, which you take from the embasy to a bank, to enable you to pay in �63.

OK, that's the 'official' answer out of the way. Now for the 'unofficial' bit:

"How will they know?" Almost certainly, they won't. The USA wants the right to access the criminal records of all visitors to the US. So far most governments, including the UK government, have resisted this. (Canada already lets the US authorities have full access to their criminal database. Many other governments are likely to yield to US pressure in the near future but, at the moment, the UK continues to resist these pressures). The UK does pass on information relating to a number of

[Buenchico]

. . . offences. Obviously, these will include matters relating to terrorism and drug-trafficking but exactly what else is passed on is kept a closely-guarded secret. It's very unlikely however, that the US authorities will be aware of your drink-driving conviction.

Chris