Travelling from the UK to the USA with a criminal record

[Ajax 83]

Looking through other articles it really seems to be flagging up "people of interest" in terms of terrorism more than anything. I suppose the crux is you have a caution / arrest for assault, a DUI or something lese that would not cause you to tick "Yes" on the ESTA may now be flagged up and CBP just decided to become real bastards with everyone. I can't see anything yet about anyone being sent home or turned away on Twitter or news outlets.

So, next week I'll be a crash test dummy for it.

 

[Ajax 83]

Update.

Landed in NYC this afternoon. Sailed through no trouble. Picture taken, asked if I was visiting or on business and where I was staying. Passport stamped and through.

Now sat in the hotel bar having a pint.

 

[existentialist]

Update.

Landed in NYC this afternoon. Sailed through no trouble. Picture taken, asked if I was visiting or on business and where I was staying. Passport stamped and through.

Now sat in the hotel bar having a pint.

Well, 4/5 of a pint...

 

[pogofish]

I am due to fly to the USA next week and I have a DUI on my record from last year, so I will report what happens to me. I ticked "No" on the ESTA and travelled fine earlier this year. It just concerns me that if I get flagged it could become awkward,

Hang on! DUI’s have never been considered “offences” as far as ESTA’s are concerned.

You never had any reason to worry.

 

[1927]

Hang on! DUI’s have never been considered “offences” as far as ESTA’s are concerned.

You never had any reason to worry.

Well that depends who you listen to. Travel agents have always advised that they should be declared and advise you to seek a visa if you have one. Ive never bothered getting a visa and have never had any trouble entering US.

 

[pogofish]

I’m pretty certain the US position on DUIs is fully clarified upthread - There needs to be an element of “moral turpitude“ involved and DUIs are not considered to involve that.

As for the quality of travel agent advice - that can often be very lacking!

 

[Ajax 83]

I was more referencing the issue that the UK is apparently sharing biometric data. My view is that unless you are on a “watch list” then there is nothing to worry about (even if pulled for secondary questioning and just deny anything).

I think a few concerns are that those articles were initially implying if you had ever been arrested for anything you would show up on the system.

But I thought I’d be helpful and get back to people here as there are a number who say they will and never do.

 

[Ajax 83]

Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more?

I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago.

If anyone knows anything more or can let me know where I can find out more that would be great.

Thanks everyone

See my posts. Hope this helps and relieves any anxiety.

 

[existentialist]

I was more referencing the issue that the UK is apparently sharing biometric data. My view is that unless you are on a “watch list” then there is nothing to worry about (even if pulled for secondary questioning and just deny anything).

I think a few concerns are that those articles were initially implying if you had ever been arrested for anything you would show up on the system.

But I thought I’d be helpful and get back to people here as there are a number who say they will and never do.

I think they could just be sharing biometric data - ie., confirming identity - without going the whole hog and giving the US authorities access to criminal records information...

 

[danielm]

Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more?

I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago.

If anyone knows anything more or can let me know where I can find out more that would be great.

Thanks everyone

please let us know how you get on

 

[Bahnhof Strasse]

Well that depends who you listen to. Travel agents have always advised that they should be declared and advise you to seek a visa if you have one. Ive never bothered getting a visa and have never had any trouble entering US.

 

[Bahnhof Strasse]

fwiw I went to the US last month, a handful of minor convictions over the years, including drugs, and yet again no issues whatsoever. In fact the border agent didn't even open our passports, just took the fingerprints from Frau Bahn and Baby Bahn 1 and waived us through, no stamps, nothing.

 

[danielm]

anyone else been recently?

 

[not-bono-ever]

 

[moochedit]

View attachment 349051

Does cuba stamp passports? If so i guess you'd have to "lose" your passport and get a new one

 

[not-bono-ever]

They stamp it in a bit of paper. I don’t think the US and Cuba swap traveller information somehow

 

[Gromit]

They stamp it in a bit of paper. I don’t think the US and Cuba swap traveller information somehow

I guess they get UK exit and entry info.
Will no doubt has that they left for and returned from.

 

[aaustin16]

Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more?

I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago.

If anyone knows anything more or can let me know where I can find out more that would be great.

Thanks everyone

Just wanted to report back…

Landed in NYC on Monday, customs fella asked us for the purpose of our visit, how long and where we were staying and how much cash we had. He took our fingerprints then stamped our passports and we were through. I’ve never been so keen to get out of an airport

So as of 21st November, you can still tick No on the ESTA. I was shitting it for about a week but it was all for nothing

Cheers to all those who replied to me.

 

[Bahnhof Strasse]

I guess they get UK exit and entry info.
Will no doubt has that they left for and returned from.

The U.K. doesn’t record where people leaving the country are headed, not where they have arrived from.

 

[anon24]

Hello,

Does anyone have any recent experience (2023) of travelling to the US? I’m travelling in 3 weeks and worried about the UK-US biometric sharing deal and if this will flag anyone who has been arrested when they take your finger prints?

My conviction (theft) was from 9 years ago.

Thank you to everyone who has posted their past experiences.

 

[Sasaferrato]

Seems liked the USA isn't to keen on rehabilitation then?

To bar someone for a decades old solo conviction is crazy.

 

[1927]

Hello,

Does anyone have any recent experience (2023) of travelling to the US? I’m travelling in 3 weeks and worried about the UK-US biometric sharing deal and if this will flag anyone who has been arrested when they take your finger prints?

My conviction (theft) was from 9 years ago.

Thank you to everyone who has posted their past experiences.

You’ll be fine. Don’t worry. Just say no to everything on esta application.

 

[TopCat]

Lie lie deny deny

 

[savoloysam]

I know there used to be no way of the us knowing unless you told them but over the last few years certain information is being shared by five countries known as "the five eyes" so it may have changed.

 

[skyscraper101]

I know there used to be no way of the us knowing unless you told them but over the last few years certain information is being shared by five countries known as "the five eyes" so it may have changed.

Pretty sure most of the queries on here are waaaay to low ball for any of the "five eyes" to get involved.

 

[anon24]

Thank you.

I may be wrong but thought 5 eyes information sharing was for high level crimes (murderers/terrorists) or wanted criminals. There are reports from July 2022 that UK-US share biometrics but not sure if this is true or what levels of crime they actually share.

 

[moochedit]

Thank you.

I may be wrong but thought 5 eyes information sharing was for high level crimes (murderers/terrorists) or wanted criminals. There are reports from July 2022 that UK-US share biometrics but not sure if this is true or what levels of crime they actually share.

Yeah i'm pretty sure the 5 eyes don't share info on someones caution for pot possesion in 1997 or whatever

 

[hitmouse]

There's at least two people on this page of the thread who've visited with records since July 2022, so I reckon you'll be reet.

 

[pbsmooth]

Just say no and you're fine, trust me...

 

[A380]

I know there used to be no way of the us knowing unless you told them but over the last few years certain information is being shared by five countries known as "the five eyes" so it may have changed.

Only if by the ‘last few years’ you mean 1941, which is when five eyes started ( it was originally a marking) and it’s not about criminal record exchange- that’s done via bilaterals.

But other than that, spot on post.

Of course the situation with criminal records and Australia has changed recently. They are no longer obligatory…

Five Eyes - Wikipedia