US and criminal history what needs to be declared

[sanPea]

I have a caution (common assault-long story but I shouldn’t have accepted it)
Anyway do I need to declare this or not for travel to US?
My surname is now different so would it come up (2007)

No. Their ETSA thing only asks things like “are you a terrorist planning to bomb us?” It’s a bit odd.

I’ve always wondered about this & GDPR & confidentiality?

I just renewed my esta last month. There is a question like ‘have you ever been arrested.....’
if your answer is yes then you 100% need to declare it. It’s not just a paper exercise. You will be turned away at border control and put on the first flight back home

Prison real - how would or do the US have this information when GDPR is so tight?

If you search, I think this has come up a lot in the past, but generally opinions seem to be divided. You only have to declare relatively serious offences (they used to describe it as offences of ‘moral turpitude’ but I think that’s changed now) and I’m pretty sure that common assault would fall outside that (whereas, eg, GBH wouldn’t). Also, they don’t have access to the U.K. PNC at border control so ? how they would know if you don’t fess up and you didn’t do something which is easily googlable. This is definitely not legal advice, but I reckon you’ll be fine.

Unless there is an active Interpol warrant out for your arrest, then nothing will flag up from your passport scan. We don't share criminal databases with the US.

If you've been there before and they know about your record, then they'd know about it. If you get arrested whilst over there, they can file a request for your records from the UK. If you are stopped at the border for any other reason, they can request your records and find out that way.

But if it's an old conviction, you've no internstuon warrants and you've never been in trouble in the US before then they won't know about it.

@Prisonbreak

Explain how the border check will produce a criminal record check from the UK. Because we don't share our criminal database with the US.

Information about specific persons of interest are shared, terrorist info etc, if there is an Interpol warrant out. But our criminal conviction database is not open to the U.S. They can only get that information if the submit a request for a criminal record check on an individual, and that request needs to go through proper channels. It's not included on your passport.

If you deny it on your ESTA then in the future apply for certain other US visas for which you have to supply a police record they will see you lied on the ESTA.

I had to supply a police record to emigrate to the US. I doubt many other visas require it but I don't know.

BTW someone with a therapy dog (for her anxiety) was turned away at the border a couple of days ago because she hadn't declared her anxiety on her ESTA.

I think, if I recall, you have to declare a "felony". Not being an expert in US law, I'm not sure what this means. I'd seek advice before answering one way or the other.

Worst case scenario, it means a trip to the US embassy for your visa.

she hadn't declared her anxiety on her ESTA.

Your ESTA has nothing to do with health. And if there is a problem with your ESTA, you're not even allowed to board the plane in the UK.

I’ve just done the ESTA and it didn’t ask me about anxiety

How did the US authorities know you had a police record? Did you tell them or did they tell you?

Silene, that would only be if there was some glaringly obvious mistake or error on your form. But anything to do with US border control happens once you reach the other side. Unless you fly from Ireland or another airport which has U.S border security checks before boarding the flight.

I've known people who were turned around and sent back to the UK. I don't think they were serious offenders (although they were hardly likely to admit it). None were arrested on return, so presumably they didn't have any outstanding warrants.

It's not worth lying/forgetting to add it if asked. They are really strict these days.

How did the US authorities know you had a police record? Did you tell them or did they tell you?

As part of your application you send in a police record from any country you have lived for more than 6 months.

Mine was empty which is what they want to see.

ivykay44 The ESTA applicant questions include:

ESTA Definition - Physical or Mental Disorder
ESTA applicants with a physical or mental disorder must declare so when making their ESTA application. A definition is provided below.
Physical or Mental Disorders

With regard to physical or mental disorders, answer 'Yes' to this question if:
(a) You currently have a physical or mental disorder and a history of behavior associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or
(b) You had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behavior.

I've recently done my esta and the question is have you ever been convicted/charged for causing extreme harm To a promperty or person, but that I took it to mean GBPH/ABH that sort of thing. I know someone who had a common assault CHARGE and got in to the states. A caution is not a charge so I think you would be fine xxx

Considering that Ian Huntley had a criminal record before he got a job at a school and was police checked for the job, due to it being two different police forces nothing showed up...I’m not convinced a clean police record wouldn’t be difficult to achieve

Mine never had questions about physical and mental disorders, It was things like arrests, fraud, staying in US after a visa expired, had I been to X Y Z country am I connected or any family member connected to These countries I did it about 2 months ago and I also helped two others fill theirs in, I was dreading it because do have and am currently on meducation for anxiety so was worrying I would get declined but no such questions came up on mine.