Have I been arrested?

[PurpleMoonlight]

I am currently in a similar situation, a vile ex had me arrested claiming I was a paedophile.

What you do comes down to the risk you want to take.

Yes, you can apply for the ESTA an likely be granted it but it DOES NOT guarantee the ability to travel. I know of someone that was issued with one but then refused permission to travel at the airport. From what I can see ESTA's appear to be issued by computer without any checks being undertaken, these are only done at time of travel by the travel operator eg airline.

The other option is to apply for a visa at the US Embassy, and this will involve a personal visit to it for an interview. Visa cost $160. The process is started online (google the Embassy) but you will need to obtain a copy of your Police Certificate which will cost you £45. http://www.acro.police.uk/uploadedFiles/Content/Bu...

It's a lot of money to waste on a holiday if you get denied at the airport, but the choice is yours.

I am going the Embassy route.

[anonymous-user]

roofer said:

Breadvan72 said:

The US does not have routine access to UK police files.

As someone who respects what you have to say BV, are you sure ? I want to visit the good ol etc, but some major antecedents has led me to believe no chance...

Note that I said "routine access". If you have some serious form, you need to apply for a visa.

[tenpenceshort]

My situation is interesting (well, to me, anyway); despite having been imprisoned for dangerous driving, I've never been arrested. Nor is my offence one involving moral turpitude, as far as I'm aware.

Four years ago, I was planning to go to New York for a few weeks on business. I enquired with the US Embassy, who advised me to get a visa. I paid the fee, however plans changed and I took the US trip no further.

I wonder now whether I really required one at all, and whether it would be better safe than sorry to get one when I do plan to travel?

[photosnob]

tenpenceshort said:

My situation is interesting (well, to me, anyway); despite having been imprisoned for dangerous driving, I've never been arrested. Nor is my offence one involving moral turpitude, as far as I'm aware.

Four years ago, I was planning to go to New York for a few weeks on business. I enquired with the US Embassy, who advised me to get a visa. I paid the fee, however plans changed and I took the US trip no further.

I wonder now whether I really required one at all, and whether it would be better safe than sorry to get one when I do plan to travel?

Did you give them your name when enquiring? If they can link it to you, you would be a fool to risk it.

However I know literally dozens of blokes who have been arrested and have gone to the US. Not one of them have ever had a problem. Not have they been foolish enough to engage with the system and simply just denied it.

I've never actually read of a first hand case of someone being turned away who isn't either: a celebrity, notorious or who was foolish enough to own up to it when/if asked.

They are more interested in keeping an eye on other types of people, then either someone who drove a bit fast, or someone who has been drunk a few times and got into some fights and hurt a few people. We don't matter to them, unless we go out of our way to draw their attention to it.

[Eclassy]

My case is also very interesting. I was arrested due to mistaken identity. I fought it all the way and got all the details removed from the PNC (I have a letter from them confirming this). I will like to think a police certificate should come up with No Trace. I would get a certificate but I am not ready to gift my money to these lot.

[POORCARDEALER]

Acquaintance of mine got done for drink driving and a 2 year ban, first time ever in trouble.

Declared it, and had to go to london to attend an interview before they would allow her in for a 3 week holiday.

[anonymous-user]

Declaring that was probably a mistake as under US law what they would call DUI is not usually an offence of moral turpitude, absent aggravating factors.

[PurpleMoonlight]

This is what the US deem moral turpitude.

"Moral turpitude refers generally to conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. [Citations omitted] Moral turpitude has been defined as an act which is per se morally reprehensible and intrinsically wrong, or malum in se, so it is the nature of the act itself and not the statutory prohibition of it which renders a crime one of moral turpitude."

So basically anything they don't like at any given point in time .....

Edited by PurpleMoonlight on Wednesday 27th August 10:59

[Gixer]

Old work mate of mine went to Florida with a mate of his. They got off the plane together, he went through passport control first and didn't see his mate again as he was refused entry to the US due to something relatively minor giving him a criminal record when he was younger. My mate ended up with a fortnights holiday on his own. This was pre 911 as well.

I'd go the visa route as suggested. You don't want to pay your money and get turned away when you get there. I had to get a visa a few years back as I was going out there to fly. Just make sure you fill out the forms correctly (they are really picky with the photo so get it exactly right) and allow a few extra hours when you have to visit their embassy and get there early as its a take a number and wait until called affair. Even with the correct visa, I still ended up waiting several hours in a small room full of Spanish speaking immigrants for an interview when I arrived at the airport.

Edited by Gixer on Wednesday 27th August 12:59

[Matt Harper]

If you are eligible to use ESTA, the visa will routinely be denied. A visa denial has to be declared on any subsequent application (visa-based or not)
Visa denials count against you.

[Matt Harper]

Sheepshanks said:

Matt Harper said:

That said and contrary to some advice above, around 10 years ago one of my UK parent company's engineers was sent over here to supervise an installation and he was denied entry to the US based on an undeclared cannabis distribution arrest and conviction in the UK (which was in his past - around 8 years) - so CBP clearly have access to some shared information. Not wishing to give the OP the heebie-jeebies, but that was at Orlando (Sanford, rather than MCO).

Hmmm...I wonder if he was asked a speculative question by the Immigration Officer and he panicked?

Agree with the advice given by several posters - apply using the ESTA system, answer 'no' to everything and it'll be fine. I've been dozens of times and never been asked anything awkward.

Apparently not - he was escorted to secondary immediately upon handing his docs to the POE official.
What may have been 'unusual' was a solo passenger on a predominantly vacation-oriented charter flight - who had made a similar trip (without incident) less than a month previously. He told me that CBP brought up his UK conviction and the fact that he'd checked 'no' on his I-94 without anything from him.
They 'plasti-cuffed' him and put him on the same Monarch flight he arrived on - never left airside and was banned for 10 years. This was in 2002.

[Mk3Spitfire]

Matt Harper said:

banned for 10 years. This was in 2002.

On the plus side, his ban is now up.

[Matt Harper]

Mk3Spitfire said:

On the plus side, his ban is now up.

On the minus side, he now would require a visa application/adjudication were it not for the fact that he's deceased

[Mk3Spitfire]

Matt Harper said:

On the minus side, he now would require a visa application/adjudication were it not for the fact that he's deceased

I can see the challenges behind that one.

[Andyjc86]

I was arrested, charged and prosecuted for false use of a trademark. 4 years later I went to the USA with no problem

[tobinen]

OP, a friend of mine was in exactly the same situation as you. Applied for the $15 visa thing on-line and said he was all clear. He's been to the States twice since and no issues.

[pork911]

tenpenceshort said:

My situation is interesting (well, to me, anyway); despite having been imprisoned for dangerous driving, I've never been arrested. Nor is my offence one involving moral turpitude, as far as I'm aware.

Four years ago, I was planning to go to New York for a few weeks on business. I enquired with the US Embassy, who advised me to get a visa. I paid the fee, however plans changed and I took the US trip no further.

I wonder now whether I really required one at all, and whether it would be better safe than sorry to get one when I do plan to travel?

Imprisoned without arrest?

[anonymous-user]

tobinen said:

OP, a friend of mine was in exactly the same situation as you. Applied for the $15 visa thing on-line and said he was all clear. He's been to the States twice since and no issues.

There is NO visa thing online. ESTA is part of the visa waiver scheme and is not a guarantee of entry to the USA.

BTW, ESTA was free, but now costs a few bucks, but avoid the scam websites that charge more than Uncle Sam does for the document.

[TwistingMyMelon]

If this is just a two week holiday and you had been arrested or in trouble with the police many years ago for minor things , how on earth would they know? As far as I am aware they have no real time access to pnc? The only way I could see you getting caught is being honest, or if questioned admitting to it.

For example, if I was arrested 10 years ago for possession of cannabis or a small pub fight, 10 years later I go to FLorida, fill out the form saying no criminal record, if asked say no arrests ever etc... how would they know if I did, other than my honesty?

OR do we exchange more records with the US than we admit to, for example, do they have access to an archive from the PNC, that is linked to passport data? I would presume not, but you never know...

[anonymous-user]

pork911 said:

tenpenceshort said:

My situation is interesting (well, to me, anyway); despite having been imprisoned for dangerous driving, I've never been arrested. Nor is my offence one involving moral turpitude, as far as I'm aware.

Four years ago, I was planning to go to New York for a few weeks on business. I enquired with the US Embassy, who advised me to get a visa. I paid the fee, however plans changed and I took the US trip no further.

I wonder now whether I really required one at all, and whether it would be better safe than sorry to get one when I do plan to travel?

Imprisoned without arrest?

You can be interviewed without arrest and reported on summons for any offence, rather than charged. The both get you to appear before a court and be tried in the same way. Arrest is just a process to facilitate an investigation. A lot of road traffic offences are done with voluntary interviews.