ESTA - UK Reprimand - Cannabis

Hi all,

I've been doing a lot of reading of everyone's questions and experiences, I must say it's been very interesting and helpful.

I have a question about the ESTA, and also wanted to share my situation in the hopes I can get some advice and guidance.

I was given at reprimand at the age of 15 for Cannabis, back in 2005. I have had no issues with the police since this single encounter.

My wife and I have booked to go to NYC in February 2026. Of course would have used the ESTA, however the question on drugs would suggest I should answer yes, meaning it would probably be denied.

I now work in education, so have had an enhanced DBS check and didn't have any problems with the employment process. I've also done a subject access request to the ACRO criminal records, to see if this will be on my criminal record, as I'm not sure. My friend, who is a police officer, said it will probably be held locally but not on the PNC.

So my question would be, should I go for an ESTA and answer yes or no, and if I answered yes and it's denied, can anyone advise of the next steps.

I feel awful putting my wife through this, it's been her dream to spend her 40th birthday in NYC and my past may throw in some unnecessary obstacles.

Appreciate your time.

[ Edit: Edited on 30 Jun 2024, 08:49 GMT by WhatAPickle89 ]

>So my question would be, should I go for an ESTA and answer yes or no, and if I answered yes and it's denied, can anyone advise of the next steps.

You are correct in thinking that you should answer 'Yes' to the relevant Esta question 'Have you ever violated any law related to possessing, using, or distributing illegal drugs?' because you have violated the law. But if you answer 'Yes' to the Esta question your application will automatically be denied (same applies to the other questions about criminal record, visiting Syria since 2011 etc, seeking employment in the US etc etc). When it's denied you'll have to apply for a visa.

Many people will tell you to just lie on the Esta (which is a serious matter and a US criminal offence btw). That's your decision but you have plenty of time to do 'the right thing' (in the eyes of the US authorities) and apply for a visa now.

Assuming everything else is ok, imo the chances are miniscule that having a police reprimand for cannabis (presumably for personal use only) from almost 20 years ago would stop you being granted a visa on the day. Remember than cannabis is legal for personal use in almost half US states. Interviewing officers are far more concerned about other illegal drugs and..especially..dealing.

Only you can decide whether to lie on the Esta or not. Think especially about how you'll feel when entering the US knowing you've made a false declaration. Border officers can and do take travellers for 'secondary questioning' at random, not just those who look nervous/suspicious etc.

If it was me, I'd set a visa application in motion asap, book an interview date, apply for an Acro & make a Subject Access Request (SAR) so that all the details of your reprimand are available to the interviewing officer. Then I'd keep checking back for an earlier interview date (there are cancellations and I'm pretty sure dates are released in batches).

If you decide to go the visa route get stuck in now and look forward to your February trip. I'm sure it'll be fine (though NYC will be decidedly chilly in Feb!!).

Thank you for your advice and guidance.

I think I'll apply for the visa, I'd rather not having any issues moving forward. I'm happy to pay more, my only worry is about it not happening in time for the trip.

Should I apply for an ESTA, and then do the visa? Or just go straight for the visa? Where is the best place to start the process?

Again, really appreciate any responses.

Also, we will be prepared for the cold! We will be spurred on by birthday spirit!

>Should I apply for an ESTA, and then do the visa? Or just go straight for the visa? Where is the best place to start the process?

There's absolutely no point in applying for an Esta when you know it'll be denied because of your answers. If you're honest you'll get an automatic denial so don't waste the time or money.

Not applying for an Esta is actually a point in your favour. It proves to the interviewing officer (whose data will show if you've made an Esta application) that you know what the 'right thing' is and that you want to do it.

The official US Embassy site tells you exactly what to do and how to do it:

https://uk.usembassy.gov/visas/tourism-visitor/where-to-apply/

Apply for your Acro and SAR at the same time. Everything seems to be slower now so many people are working from home. :-(

https://www.acro.police.uk/s/acro-services/police-certificates

https://www.acro.police.uk/s/acro-services/subject-access

Enjoy NYC (I really am sure it'll be fine)!! :-)

[ Edit: Edited on 30 Jun 2024, 13:42 GMT by leics2 ]

Thanks again for the great information and advice.

Just want to check because I can't seem to find a yes or no answer, do I need the Police Certificate from ACRO to apply for the visa? Or will an SAR be sufficient?

Thanks

> do I need the Police Certificate from ACRO to apply for the visa? Or will an SAR be sufficient?

You need both. The Acro is a requirement for all applicants. Your reprimand will almost certainly have been 'stepped down' so your Acro will almost certainly show 'No live trace'. That means information is held about you but has been 'stepped down'. Visa officers know that so they'll want to see the SAR which gives details of all information held about you.

If no information is held about someone an Acro comes back as 'No trace'. Only people who have had no dealings with the police...so their Acro says 'No trace'...just need an Acro.

In the imo highly unlikely event that your Acro comes back as 'No trace' (it's possible...human error etc etc) getting the SAR and taking it with you is still a good idea.

[ Edit: Edited on 30 Jun 2024, 19:12 GMT by leics2 ]

Hi,

I have received my ACRO Report and it states No Live Trace. It came with an accompanying document of the stepped down offenses (yes, multiple offences, to my suprise!)

It reads;

Possess cannabis, class C controlled drug. Reprimand.
Possess MDMA, class A controller drug. Reprimand.

Both on the same date in 2005.

I had no idea MDMA would be listed, as I had no paperwork at the time to suggest it had. Although, there was a group of us arrested and ownership of said MDMA was contested.

How do you think this will effect the possibility of being granted a visa?

Thanks

> How do you think this will effect the possibility of being granted a visa?

I'm not sure why you were surprised at the MDMA? Maybe you were so anxious/stressed/worried/whatever that you didn't properly register what was happening? I think a reprimand is the Scottish equivqlent of a police caution? When you accept either it's a legal admission of guilt.

No-one here or anywhere else can tell you for 100% certain about your visa decision (or anyone else's. come to that). Visa decisions aren't just based on the criminal record. They are based on the criminal record + all the details of the applicant + all his/her relevant circumstances past & present + how he/she behaves at interview.

Neither of your offences were considered serious enough to take to court and they took place almost 20 years ago (possibly when you were a juvenile?). Both are major points in your favour.

My own feeling is that, assuming everything else is ok, your offences won't stop you getting as visa. Simple possession of a controlled drug is not a CIMT (crime involving moral turpitude).

As your ACRO states 'no live trace' it might be a good idea to get an SAR (subject access request) to take to your interview. The SAR will contain all the info about you held on the police computer and will prove to the interviewing officer that there are no other 'stepped-down' convictions/cautions/reprimands, arrests with NFA etc. Getting an SAR doesn't cost anything and imo it's better to take paperwork to interview that isn't required than not have the paperwork the officer wants to see.

Details of how to get an SAR here:

https://www.acro.police.uk/s/acro-services/subject-access

Good luck with your interview!

Hi,

Just wanted to come back and give an update on my visa application.

I was arrested at the age of 15 in 2005. I returned to the police station on my 16th birthday to be reprimanded for possession of cannabis and also reprimanded for possession of MDMA. I have had no further incidents with the police.

Here is a summary of my trip to the embassy for my appointment which was booked for 10:00am:

Arriving at 9:20am, there was 2 lines outside the embassy. One of the lines is to 'check-in', where I needed to have you DS-160 and passport ready. Once I made it to the front of that line, I was sent to the back of the other line. This second line is to pass through security, where I emptied my pockets into a tray and then walked through a scanner, just like in an airport.

Once I was inside the embassy, there was another queue for the front desk. At the front desk, I presented my passport and DS-160 confirmation form again. The person on the front desk added stickers to both forms and gives them back to me, he then told me were to go from there. I was directed to P2, which is a 'private booth' on the 1st floor.

On the first floor, there is toilets and also a kiosk to buy drinks and snacks. I waited outside booth P2 to be called forward using the number system which was stuck to the front of my passport. Once I was called forward, I presented my passport, DS-160, photo and ARCO police certificate (with the accompanying document that comes with the ARCO certificate, which details the offences logged on the PNC. I didn't present my SAR or any further documents). The person behind the counter took my fingerprints. He didn't ask any hard questions as I had all the paperwork in order and easily presentable. He then directed me to P3 or P4, which are the opposite side of the first floor.

Once I made my way around to the next booth, I waited to be called forward. This time no numbers were called, it was possible to just walk in when a booth became available.

In the booth I entered, the person behind the counter looked somewhat stern, as opposed to the person in the other booth who seemed quite chipper. After saying 'good morning', I only spoke to reply to the questions he asked.

These are the questions I was asked;
-Is the purpose of your trip for a holiday? (Yes)
-Why didn't you apply for an ESTA? (I didn't apply for the ESTA because I have been arrested)
-How many times have you been arrested? (I have been arrested one time)
-Have you used drugs since you were arrested? (No)

He then said, 'Visa approved, enjoy your holiday, NEXT', and that was it.

I left the embassy at 11:00am.

Some advice I would give anyone reading this who has their appointment.

-Dress smart and look presentable. The majority of people looked somewhat casual, which to me, seems a weird choice when attending an interview. Remember that you are presenting yourself and your past and are being judged!

-Be organised. Bringing a folder with all your documents is a good idea. Make sure they are accessible. I put my in polythene pockets which was unnecessary because I had to keep taking them out. If I had to do it again, I would use post-it notes to separate and mark documents.

-Make sure you take everything! I didn't need half of the documents I took with me, but I'd much rather have too much than too little. I saw some people in front of me with nothing printed and only their phones, it didn't seem to go so well for them.

-Arrive early. Seriously, why would you ever be late for an interview. People behind me in the queue were complaining because their appointment time was 9:00am and they were still outside. Although I don't think arrival time matters in particular, my whole experience was actually quite streamlined.

-Even though the person interviewing me seemed 'stern', I feel like being polite, patient and well dressed went in my favour. The job of the interviewer seemed relentless, being prepared and efficient probably helped.

Thank you leics2 for your information.

[ Edit: Edited on 16 Aug 2024, 13:59 GMT by WhatAPickle89 ]

Thank you....and thank you for the very useful information.

> Even though the person interviewing me seemed 'stern', I feel like being polite, patient and well dressed went in my favour. The job of the interviewer seemed relentless, being prepared and efficient probably helped.

You're absolutely right that being polite, patient, pleasant and appropriately-dressed are hugely important.

US visa interviewing officers....like US border officers...very often appear 'stern'. I've found that they have a thoroughly professional approach to the job and, frankly, being smile-y & pleasant isn't part of their role. They're not providing a service (some people find that difficult to understand), they're responsible for deciding which applicants pose little to no threat to their country and can thus be allowed to enter.....and they take that responsibility very seriously.

[ Edit: Edited on 16 Aug 2024, 19:10 GMT by leics2 ]