Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
Have you ever violated any law related to possessing, using, or distributing illegal drugs?
I will be contrary and say no for ESTA/VWP. Under the old wording I would have said yes and I assume they loosened it for a reason.
I do agree that they ask have you ever, not can we find it, is it still recorded etc.