1.
Posted by
Hamilton 2015
(Budding Member 2 posts)
12w
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I’m now 42 but when I was 19/20 I was convicted of ‘improper use of a telecommunication system’ (prank phone calls) and given community service. I believe I answered ‘no’ honestly to the eligibility questions but we go next week and I feel physically sick with worry. All I see online is ‘all arrests etc must be declared’ but how can I declare something that that isn’t asked? Our first trip ever and I should be excited but I just have visions of my esta being cancelled when we check in 😢
[ Edit: Edited on 6 Feb 2025, 17:15 GMT by Hamilton 2015 ]
2.
Posted by
greatgrandmaR
(Travel Guru 3016 posts)
12w
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I shouldn't be answering this because I am not the expert. But I don't understand how you thought an arrest and conviction to be irrelevant.
In any case, you now have two options.
a) Postpone or cancel the trip
b) Go on the trip and try not to look worried
3.
Posted by
Hamilton 2015
(Budding Member 2 posts)
12w
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Irrelevant as in there are no questions for crimes such as mine on the ESTA application. Only ‘have you been arrested or convicted’ for causing serious harm to a person or crime relating to drugs. Obviously I answered no as I didn’t cause serious harm nor was I involved in drugs.
Also no idea if this reply will be where it should he as I can only find my post via emails ha 🙈
4.
Posted by
leics2
(Travel Guru 7289 posts)
12w
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>Irrelevant as in there are no questions for crimes such as mine on the ESTA application.
>how can I declare something that that isn’t asked?
The US US Embassy is very clear about travelling to the US with any sort of criminal record:
>If you have ever been arrested, even if the arrest did not result in a criminal conviction, have a criminal record.....we do not recommend that you attempt to travel visa free under the Visa Waiver Program.
https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/traveling-under-the-visa-waiver-program/
The answer they would give to your questions is that you should have checked with the embassy website rather than just assuming your conviction did not cause 'serious harm'. You might think that but under US law the equivalent conviction might be considered to cause 'serious harm' e.g. by taking up police time with false reports.
Your conviction was long ago. Assuming everything else is ok it's very likely that you'd have been granted a visa on the day.
>I just have visions of my esta being cancelled when we check in
Your Esta won't be cancelled at check-in. It doesn't work like that.
When you arrive in the US you'll go through US Customs, which is the equivalent of UK Border Control. They'll take a photo and fingerprints and ask you some questions.
If they have any concerns (e.g. if you look nervous/worried/twitchy in the queue or at the desk) they'll take you for 'secondary questioning', which can be very quick or take longer. There's no way of knowing in advance whether that will happen to you. As well as choosing those about whom there are concerns, officers can also choose people at random e.g. for training purposes or to avoid accusations of racial profiling.
Whether you decide to travel is up to you. Chances are nothing will happen, though yuor own nervousness may spoil the trip somewhat. If you decide to apply for a visa in future you can expect to be asked why you thought it wa ok to travel on an Esta.
Caveat: My reply is based on past experiences. I do not know what, if any, new entry regulations and guidelines President Trump may have brought in/will bring in.
[ Edit: Edited on 6 Feb 2025, 21:17 GMT by leics2 ]