I have a dilemma, I'm getting all my paper work together for the next stage of the visa application (DCF, spousal application through London) and one of the forms are asking me about what criminal record or even arrests I have. At the age of 18 I was convicted of Burglary and am now 34, Ive had nothing since and it was just a teenage blip. I was wondering if I should really declare it because according to all the check I have done the offence isn't recorded, for example.

I have had the police report done by West Yorkshire Police and it has come back clean
I have in my past had the top level of CRB check done for looking after foster children and that has come back clean

So according to the CRB and the Police Criminal computer I haven't been convicted of any crime.

My additional worry is that if I admit on the visa application of the offence, I can see the question coming back to me "So why have you declared no offence on the VWP the 10 times you have entered the US as a visitor"

The more I read about this the more I worry, can anybody offer me their opinion.

I believe burglary is a crime of "moral turpitude". I think you may very well have to consult a qualified immigration attourney to be honest, and explain your situation. I know the rehabilitation of offenders act which would wipe the offence from your record DOES NOT apply in the USA.

Just my opinion, since I'm around.

Just one additional thing to add is that the CRB check (which was advanced) was done some 6 years ago and it was still clean. I'm very tempted to just risk it, if the UK government doesn't have it on record, CRB doesn't have it on record and the Police don't have record of it (remember the check I have had done should include everything on the police computer so spent crimes should of appeared) I can't see how the US would ever have access to it !!

Indeed spent crimes are shown on the PNC and would appear on the police certificate.

A couple of things come to mind. When you were convicted your details were not recorded the same as those you used to request the previous checks (hope that makes sense I know what I mean). So the record is there but wasn't matched. The officer dealing with your burglary for some reason didn't complete the result file and the result has never been recorded. You were in fact 17 when you committed the offence, but 18 when convicted. If that was the case it was a juvenile conviction and would have been expunged after a period of no further convictions.

Nobody can advise you to lie to US immigration you should always tell the truth because if you do lie and get found out the consequences are quite dire.