Vwp, esta and and old records.

[Shannon ♥ Nick 0]

If I remember rightly criminal convictions from that time period wont have been transferred from the old paper filing system, held locally by repective police forces onto PNC (police National Computer) remodeled in the mid 80's unless there were further convictions to keep the record "alive" as such.

Edited to add:

Even if he did show up on PNC, in the time it takes to get an ESTA approval 3-10 seconds in most cases there would be no way they could do a live PNC search.

I would answer NO to the question.

Edited January 14, 2009 by Shannon ♥ Nick

[Hannah+Vito 0]

I don't think anyone really can answer your question.

ESTA is new. I don't think we are sure if local police records will be checked.

Over the years many from the UK have incorrectly answered the questions on the I94W because of the UK legal concept of 'spent' crimes. CMIT crimes should be the only ones which would stop an ESTA approval. What we find sometimes, however, is because UK residents know the crime is 'spent' in their country, they don't understand the ramifications of of it under US law.

So what are the ramifications, of the spent crimes, in us law? Is it something to declare on the esta? Is it something not Kent be declared? This is what confused me on the wizard.

[Shannon ♥ Nick 0]

Hannah, Have a look on here

http://www.lawontheweb.co.uk/rehabact.htm

He wouldnt need to declare it as it is spent and no longer relevant

[Lansbury 19]

would that still be showing on a police record if it ever made it on there in the 1st place?

My brother had a similar offence when he was 17 and he has been in the US for 5years, so if it was not an issue for a K3 visa it should be OK for a visitor visa.

It's a motoring offense never goes on a police record. The record would be kept at the DVLA, or the equivalent that was in existence when the offense took place.

It's a minor motoring offense the US does take those into account and doesn't need them declared. It is on the London Embassy web site somewhere or other.

[Lansbury 19]

Hannah, Have a look on here

http://www.lawontheweb.co.uk/rehabact.htm

He wouldnt need to declare it as it is spent and no longer relevant

It doesn't need to be declared you are correct but because it is a minor motoring offense.

But spent convictions do have to be declared because the USA requires that they are. The Rehabilitation of Offenders Act is UK law and not recognized by the US.

[rebeccajo 14]

Hannah, Have a look on here

http://www.lawontheweb.co.uk/rehabact.htm

He wouldnt need to declare it as it is spent and no longer relevant

It doesn't need to be declared you are correct but because it is a minor motoring offense.

But spent convictions do have to be declared because the USA requires that they are. The Rehabilitation of Offenders Act is UK law and not recognized by the US.

Exactly and sooooooooooooo very important.

[Lansbury 19]

It's a minor motoring offense the US does take those into account and doesn't need them declared. It is on the London Embassy web site somewhere or other.

CORRECTING AN IMPORTANT MISTYPE IN MY POST

It's a minor motoring offense the US does not take those into account etc

[Nich-Nick 3,353]

I found this info in a VWP wizard where you see if you're eligible or if you need a tourist visa.

Visa Wizard

Arrest or Conviction?

Have you ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, or do you have a criminal record? Please note: the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you are unsure, press YES.

If you press YES

Visa Wizard

Arrests & Convictions

Some applicants are uncertain how to answer the question, "have you ever been arrested or convicted?"

In general, minor and common motoring offenses outside the U.S. that were disposed of by paying a ticket by mail have no bearing on admission to the United States. Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The Consulate General cannot provide any further guidance on this matter until you appear in person before a consular officer for a visa application interview.

If a traffic offense occurred while you were in the United States, and you have an outstanding fine against you, or if you did not attend your court hearing, it is possible there may be a warrant out for your arrest and you will experience significant problems when applying for admission at the U.S. port of entry. The Consulate General cannot assist you in this regard. You must resolve the issue before traveling, by contacting the court where you were to appear. If you do not know the address of the court then information is available from the internet at: http://www.uscourts.gov/links.html.

So, if you have ever been arrested or convicted, press YES.

Press NO if the full extent of your history of legal violations holds nothing more serious than minor traffic offenses that did not result in your arrest or conviction.

If you press YES, then it says

Visa Wizard

Not Eligible for Travel on Visa Waiver Program travel

You are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States.

Please note that the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you attempt to travel without a visa, you may be refused entry into the United States at your personal expense.

Applicants who have been arrested or convicted are also subject to additional documentation and processing time.

Please click END to close this wizard.

[Hannah+Vito 0]

its sorted now, it wasnt as dramatic as i was understanding. i really shouldnt have important conversations, when i am tired and emotional and when others are not taking the conversation as seriously. and as a very helpful vjer just messaged me. it wont be on record if its that minor. i can stop being a drama queen now.

[Hannah+Vito 0]

I found this info in a VWP wizard where you see if you're eligible or if you need a tourist visa.

Visa Wizard

Arrest or Conviction?

Have you ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, or do you have a criminal record? Please note: the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you are unsure, press YES.

If you press YES

Visa Wizard

Arrests & Convictions

Some applicants are uncertain how to answer the question, "have you ever been arrested or convicted?"

In general, minor and common motoring offenses outside the U.S. that were disposed of by paying a ticket by mail have no bearing on admission to the United States. Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The Consulate General cannot provide any further guidance on this matter until you appear in person before a consular officer for a visa application interview.

If a traffic offense occurred while you were in the United States, and you have an outstanding fine against you, or if you did not attend your court hearing, it is possible there may be a warrant out for your arrest and you will experience significant problems when applying for admission at the U.S. port of entry. The Consulate General cannot assist you in this regard. You must resolve the issue before traveling, by contacting the court where you were to appear. If you do not know the address of the court then information is available from the internet at: http://www.uscourts.gov/links.html.

So, if you have ever been arrested or convicted, press YES.

Press NO if the full extent of your history of legal violations holds nothing more serious than minor traffic offenses that did not result in your arrest or conviction.

If you press YES, then it says

Visa Wizard

Not Eligible for Travel on Visa Waiver Program travel

You are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States.

Please note that the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you attempt to travel without a visa, you may be refused entry into the United States at your personal expense.

Applicants who have been arrested or convicted are also subject to additional documentation and processing time.

Please click END to close this wizard.

thats what freeked me out, but the spouting on about court has now become, it prob wasnt more than a fine and a few points. so assume it would be click no now then?

[Nich-Nick 3,353]

Ya know, I just think they are looking for big time crimes like assault, murder, robbery, drug trafficking, child abuse, and not traffic offenses. I for sure would say no and never think about it again.

But Hannah, I know you are a person that worries about everything and I don't worry much about anything. So we are the extremes maybe. Just like the piles of relationship evidence you sweated over for the interview. You felt compelled to do that and I was convinced a couple of pictures and a boarding pass were okay in case they asked. It's ultimately what makes you feel comfortable. You either say no and get on through the ESTA or fear the worst and have him go to London and apply for a tourist visa.

[Hannah+Vito 0]

Ya know, I just think they are looking for big time crimes like assault, murder, robbery, drug trafficking, child abuse, and not traffic offenses. I for sure would say no and never think about it again.

But Hannah, I know you are a person that worries about everything and I don't worry much about anything. So we are the extremes maybe. Just like the piles of relationship evidence you sweated over for the interview. You felt compelled to do that and I was convinced a couple of pictures and a boarding pass were okay in case they asked. It's ultimately what makes you feel comfortable. You either say no and get on through the ESTA or fear the worst and have him go to London and apply for a tourist visa.

i am just gunna get him to do the esta, i think now i have the info it was a minor old motoring offence, and am happy he doesnt have to declare it. unfortunatly the momnet chosen to inform me of this and the words chosen were not the most well chosen. so i paniced you are right nich nick i am a worrier of sorts. though not in everything, just government and offical things that are a bit intimidating in my eyes.

[Lansbury 19]

To hopefully once and for all clear this up for the future this is what the Embassy says.

Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa.

My comment for England and Wales, I have no personal knowledge of the Scottish system:-

You do not get arrested for traffic offenses except, drink/drive, very serious ones such as death by reckless driving, driving while disqualified etc. You do not get a criminal conviction for minor traffic offenses, except those for which you can be arrested.

For minor traffic offenses nothing is recorded on the PNC, they do not go on your criminal record or cause you to have one if you hadn't one until then. The cases are heard in a "traffic court" not a criminal court, don't be confused by both being in the same building. The record of traffic convictions is kept by the DVLA a government department not the police. Hence when you apply to ACPO for your police record for your visa any minor traffic offenses will not be on it. Use that same level of disclosure for the VWP.