travelling to the us with a criminal record

Common Myths About Travelling to the US with a Criminal Record

By AllCleared | 3 Min Read

A criminal record and border travel restrictions

A criminal record comes with many restrictions when travelling across the border. There are many myths surrounding the types of crimes that may or may not make you inadmissible into the US, and the circumstances that could deny you entry into the United States. Approximately 20.72 million visitors entered the US from Canada in 2019. Canadians choose to enter the US every day for a variety of reasons, such as business, leisure or family matters. Many Canadians choose to cross the border just for the day to go shopping or to visit their favourite restaurant. When deciding to make these short trips, the majority of Canadians wouldn't think twice about being denied entry in the Country for a crime that may have been committed 20 years prior. If you're trying to enter the US with a criminal record, you will need a US Entry Waiver .

What are the common myths about travelling to the US with a criminal record?

The main point to consider is that the US Border Officer makes the final decision on whether to refuse someone entry or not. They have the authority to refuse someone entry for any reason that they feel could be a threat to their country. Individuals may not have ever committed a crime, but can still be refused entry due to something they said to the Border Agent. Determination as to who will be allowed entry is solely up to the discretion of the Border Agent that day, and is given on a case by case basis, in view of all of the relevant factors. The Agents’ job is to keep their country safe and will refuse anyone entry who they deem to be undesirable or a threat. Once an individual has been refused entry once, they will need to apply for a US Entry Waiver for the rest of their lives.

Can I be denied entry for minor charges?

Unlike gaining entry into Canada, a single DUI conviction is not grounds to deny entry into the US. However, individuals with criminal records that may not seem serious can still be denied entry. “Moral turpitude” is an act or behavior that severely violates the sentiment or accepted standard of the community. “Moral turpitude” typically includes crimes that relate to fraud, theft, drugs, violence and/or intent to harm persons or things. With this being said, this leaves a large number of Canadian travellers in the dark about whether or not their record falls under those categories, leading to greater risk when attempting to enter the US.

My charges are from many years ago, could I still be refused entry?

It’s a common misconception that if an individual's charges are over a certain amount of time ago, they won’t show up in the system or it won’t affect them entering into the US. This notion has led to many Canadians being refused entry when crossing into the States. Many Canadians are unaware of the fact that even if their charges are 20 years old or more, this can still lead to them being denied entry into the US. Regardless of whether the charges seem dated, or a person’s record has been clean for decades, Border Officers can deny access to anyone.

I have a Pardon within Canada, can I gain access to the US?

Acquiring a Record Suspension (formerly known as a Pardon) is very beneficial for all Canadian individuals who have a criminal record. Although obtaining a Pardon is very beneficial within Canada, the US does not recognize Canadian Pardons, and having a Pardon alone would not grant you entry into the country. Individuals who have obtained a Pardon should also apply for a US Entry Waiver which would grant them travel into the US. If an individual is applying for a Pardon as well as a US Entry Waiver, or they have previously been granted a Pardon before applying for a Waiver, this will strengthen the Waiver application. Having a Pardon will show the Department of Homeland Security that the individual applying for the Waiver is rehabilitated and they may have a higher chance of getting the Waiver application approved, along with getting it for the full 5 years. Find out more.

I’ve crossed the border into the US many times, does this mean I’ll never be denied?

Many travellers who have a criminal record are under the assumption that because they have successfully crossed the border multiple times without any issues, they will never be denied. However, this is false. It is possible for individuals to cross the border and for the Border Agents to allow them access, but if an Agent decides to do a check on an individual and they see that they do in fact have a criminal record, then they can be denied. Border Officers have the right to do further screening on individuals at any time, and when their criminal history appears, they may be denied entry and even detained.

Could I be denied even if I don’t have a criminal record?

Ultimately, Border Agents have the authority to deny anyone entry if they feel they could be a possible threat to the country. They have the right to ask you questions regarding any possible criminal activity, and even check your phone for incriminating information. Individuals have been denied entry based on the fact that they have committed a crime in the past but were not caught, such as taking drugs. People have also been denied based on what Agents have found in text messages on their phone. Furthermore, if you had a charge that was withdrawn , or even some negative contact with police, this could also be a reason for denial. If you were charged but not convicted, the border officer can still deny you based on the grounds that you have been arrested. If you are denied at the border and you don’t have a criminal record, you will then need a Waiver to enter the US for the rest of your life.

Which crimes make me inadmissible to the US?

Unlike entering Canada, having one DUI or one simple assault charge will not make you inadmissible to the US. However, having multiple of these charges may cause concern and the border officer may deem you inadmissible. All other charges would make you inadmissible into the US and you would require a US Entry Waiver to enter the country.

Entering the US with a criminal record is risky and not guaranteed without the proper paperwork. A US Entry Waiver clears the way for travel across the border and gives you and your family peace of mind and permission to enter and travel to the United States.

Call us today for a free consultation at 1-866-972-7366 .

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Can I Enter the USA with a Criminal Record?

If you have a criminal record and are planning to travel to the United States of America you might face difficulties when applying for a tourist visa or an ESTA visa waiver , or when entering the country. However, this is not to say it is impossible.

Individuals convicted of crimes of moral turpitude will not be treated the same as those who have misdemeanor charges such as “Driving under Influence” (DUI). Whether you will be granted an ESTA or a visa depends entirely on the details of your criminal history .

This article explains the types of crimes that are unlikely to affect a traveler’s chances of being granted access to the United States and serious crimes that could be problematic.

Can I Go on Holiday to America with a Criminal Record?

It is possible to go on vacation to the U.S. with a criminal record for a minor offense.

Criminal convictions for the following misdemeanours are unlikely to result in denial of entry or a visa/ESTA application rejection:

• Drinking and Driving / Driving under the influence
• Illegal trespassing

A single non-serious crime is not, in most cases, sufficient grounds for denial of entry. However, if you have committed these crimes repeatedly, then entry/visa/ ESTA rejection is possible.

Having a criminal record does automatically make an individual ineligible for ESTA: cases are assessed on an individual basis and depend on the specific nature of the offense(s): Drug convictions are very likely to cause an application to be rejected.

Offenses classified as crimes of moral turpitude by the U.S. government

Crimes of moral turpitude can generally be divided into the following categories:

Crimes against Property

Crimes against property include:

Crimes against governmental authority

Offenses in this category classed as CMT include:

• Mail/wire fraud
• Tax evasion

Personal, relationship and sexual crimes

This is one of the largest categories of crimes of moral turpitude and covers offenses such as:

• Abandonment of a child
• Gross indecency
• Manslaughte

Aiding and abetting, conspiracy

This category covers criminal records obtained for playing some role in a serious crime or attempted serious crime:

• Accessory to a CMT
• Aiding and abetting a CMT
• Attempt to commit a CMT
• Taking part in a conspiracy to commit a CMT

Crimes of various nature may be included in the list in one country, while in a different country the classification may be different. Nevertheless, all travelers with a criminal record must bear in mind that the essential regulations are those of the United States . For this reason, it is advisable to seek advice from an attorney at law if hoping to travel to the US with a criminal record for a crime of moral turpitude.

Travelling to America with a Criminal Record

All convictions must be declared , and all answers to the related ESTA / Visa application questions must be honest and truthful. Failing to do so will lead to severe consequences should a U.S. immigration officer determine fraud has been committed by omitting or lying about their criminal history. Substantial penalties and legal action will follow.

If you are from a country, such as the United Kingdom, where the law allows you to avoid full disclosure of some criminal convictions, note that making a visa or an ESTA application for the United States waives all such rights.

All applicants, regardless of their nationality, must disclose any past and/or present criminal information fully. Those who are applying for a tourist visa for the USA will go through the official interview stage. Should you have a criminal record, you will be required to show official documentation related to the conviction during the interview process.

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Criminal Record Checks

U.S. citizens may need a "certificate of good conduct" or proof that they lack a criminal record. These may be needed for many reasons abroad. These reasons may include adoption, school, and work. U.S. police may not know about this process because it is rare in the United States. U.S. citizens have many options to prove they have no criminal record.

Local Police Check

Go to your local police department where you live or last lived in the United States. Ask that the police conduct a local or state criminal records search. Ask that they provide a document showing you have no history of a criminal record. Police departments may need you to be there in person to request the background check.

Check if the country where you will use the records requires authentication. For information on that, please see our page on authentications .

FBI Records Check

The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) is in charge of an FBI records check. They are responsible for criminal justice information. They work with law enforcement and governments around the world. They also work with private organizations and citizens like you.

The FBI offers two ways to request your FBI Identification Record or to prove that no record exists:

• You may get a copy of your record by submitting a written request to the CJIS Division. The request must include proof of identity. This proof must include your name, date and place of birth, and a set of rolled-inked fingerprints (which can usually be obtained at your local police department). If there is no criminal record, they provide a report reflecting this fact. The FBI will not provide copies of other people's arrest records to you.  See www.FBI.gov for current processing fees and more information. See also Identification Record Request and Guide for Obtaining Your FBI Identification Record . Lastly, see Submitting an Identification Record Request to the FBI.
• You may also submit a request through an FBI-approved channeler. A channeler is a private business that has contracted with the FBI. They receive your fingerprint submissions and data. They also collect any fees. Then they send the submissions and information to the FBI. The FBI will give them the background check results, and they will give them to you. See www.FBI.gov for the list of FBI-approved channelers.

Note: You must submit a request directly to the FBI CJIS Division if you need:

• An apostille or authenticated copy of your FBI Identification Record
• An FBI Identification Record as a non-U.S. national or permanent resident

The U.S. Department of State Authentications Office can attach an apostille to a document for countries in the Hague Apostille Convention. For countries not in the convention, they will add a certification over the FBI seal.

Getting Your Fingerprints Taken

You should be able to get fingerprint cards from your local police or at www.FBI.gov . U.S. embassies and consulates abroad do not provide these services. See Fingerprint Identification: An Overview.

Authentication of Police or FBI Certificates of Lack of a Criminal Record

CJIS will authenticate U.S. Department of Justice Order 556-73 fingerprint search results for international requests. They do this if requested at the time of submission. They do so by placing the FBI seal and signature of a Division official on the results.

If needed, you can then send this document to our U.S. Department of State Authentications Office. They can authenticate it for you. Be sure to tell them what country you will use the document in.

Documents from your local police will need more than their seal. You will need more authentication. Contact your state Secretary of State’s office or other designated officials in your state. They can help you authenticate state-issued documents. See our general guidance on authentication of documents for use abroad .

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• Immigration

The Impact of a Criminal Record on Travel to the United States

Traveling to the united states with a criminal record can have significant implications. depending on the severity of the offense, individuals may be denied entry or be subject to additional scrutiny. it is crucial to understand the u.s. immigration laws and consult with an immigration attorney for guidance on how a criminal record could impact travel plans to the united states..

Quick Glance:

• Planning to travel to the United States ? A criminal record can affect your ability to visit, depending on various factors and U.S. immigration laws. Understand the visa application process and truthfully disclose your criminal history.
• Drug offenses and DUI convictions can have a significant impact on your eligibility to travel to the U.S. unless mitigating circumstances apply.
• There is a possibility of obtaining a waiver of inadmissibility, which allows entry into the U.S. despite having a criminal record. Additionally, the Visa Waiver Program and ESTA may be options for certain countries. Traveling can be an exciting adventure, full of opportunities to explore new places and cultures. However, it’s essential to understand that having a criminal record can create hurdles when you’re planning a trip to the United States. The impact of a criminal record on your ability to visit the U.S. depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the specifics of U.S. immigration laws. Let’s dive into this issue and explore some key points about how a criminal record may affect your travel plans to the United States.

Understanding the Visa Application Process

One of the first steps in planning your visit to the U.S. is applying for a visa. During the application process, you will be required to answer questions about your criminal history. It’s crucial to answer these questions truthfully; a false declaration can lead to more severe consequences than the record itself. If you have been convicted of a crime, the U.S. consular officer will consider the details of your offense and whether it counts as a crime involving moral turpitude (CIMT) or a controlled substance violation under U.S. laws.

A CIMT generally refers to an offense that demonstrates depravity or is considered contrary to community standards of justice, honesty, or good morals. Examples of CIMTs include fraud, larceny, and intent to harm persons or things. If your offense falls under this category, you might be inadmissible to the U.S.

Drug Offenses and DUIs

Drug offenses can have a significant impact on your ability to travel to the U.S. Anyone convicted of or who admits to having violated any law related to controlled substances, except for a single offense of simple possession of 30 grams or less of marijuana, is potentially inadmissible.

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DUI (Driving Under the Influence) convictions are treated differently and are not deemed a crime involving moral turpitude unless related to other aggravating factors, such as repeat offenses or associated with injury to people or property. However, multiple DUI convictions could raise questions about your admissibility due to possible alcohol addiction.

Waivers of Inadmissibility

Even if you have a criminal record, there’s something referred to as a “waiver of inadmissibility.” This waiver is a formal document that may allow you to enter the U.S., even with your criminal record. Obtaining this waiver involves an application process that requires demonstrating that your visit would not pose a risk to the U.S. community and that there are compelling reasons for your visit.

The Visa Waiver Program and ESTA

If you are from a country that is a part of the Visa Waiver Program (VWP), you might not need a visa to travel to the U.S. for business or tourism for visits of 90 days or less. Instead, you’ll need authorization through the Electronic System for Travel Authorization (ESTA). When applying for ESTA, you’ll still need to disclose any criminal history. A conviction does not automatically disqualify you, but a denial in ESTA will require you to go through the regular visa application process where you can detail your circumstances comprehensively.

Looking Forward

Remember, a criminal record does not forever close the doors to the United States. Each case is unique, and circumstances can alter the effect your criminal record has on your travel plans. For the most current and detailed advice, it’s best to consult an immigration attorney or visit official websites like the U.S. Department of State’s Bureau of Consular Affairs or the U.S. Customs and Border Protection before making any travel arrangements.

The key takeaway here is to be candid about your history and seek proper legal guidance. By understanding how a criminal record might affect your travel to the United States and knowing about the resources available to navigate these waters, you can better prepare for any challenges that lie ahead on your journey. Whether it’s securing a waiver, applying for a visa, or understanding the complexities of the Visa Waiver Program, there are steps you can take to help ensure your travel plans go as smoothly as possible.

So, there you have it! Navigating the world of travel with a criminal record can be a bit tricky, but don’t worry, my friends! With the right information and guidance, you can still plan that epic trip to the U.S. Just remember to be honest, explore your options for waivers of inadmissibility, and stay informed with visaverge.com! You got this!

FAQ’s to know:

FAQ 1: Can I travel to the United States if I have a criminal record?

Answer: It is possible to travel to the United States with a criminal record, but the impact will depend on various factors, such as the nature of the offense, the time that has passed since the conviction, and U.S. immigration laws. The U.S. consular officer will consider these details during the visa application process and determine if you are inadmissible. It’s advisable to seek legal guidance and consult official resources like the U.S. Department of State’s Bureau of Consular Affairs or the U.S. Customs and Border Protection for the most accurate and up-to-date information.

FAQ 2: How do drug offenses and DUIs affect travel to the U.S.?

Answer: Drug offenses can have a significant impact on your ability to travel to the United States. Generally, anyone convicted of or admitting to violating any law related to controlled substances, except for a single offense of simple possession of 30 grams or less of marijuana, may be considered inadmissible. DUI (Driving Under the Influence) convictions are treated differently and are not automatically deemed a crime involving moral turpitude unless associated with aggravating factors like repeat offenses or harm to people or property. However, multiple DUI convictions could raise questions about your admissibility due to possible alcohol addiction.

FAQ 3: What is a waiver of inadmissibility, and how can it allow travel to the U.S. with a criminal record?

Answer: A waiver of inadmissibility is a formal document that can potentially allow individuals with a criminal record to enter the United States. Obtaining this waiver involves an application process where you must demonstrate that your visit would not pose a risk to the U.S. community and that there are compelling reasons for your visit. The waiver serves as an acknowledgment that although you have a criminal record, special circumstances exist that warrant your entry into the U.S. It’s crucial to consult an immigration attorney or official sources like the U.S. Department of State’s Bureau of Consular Affairs for specific guidance and requirements regarding the waiver process.

What did you learn? Answer below to know:

• True or False: Answering falsely about your criminal history during the visa application process can have more severe consequences than the criminal record itself.
• Multiple DUI convictions could potentially raise questions about your admissibility to the United States due to possible __.
• What is the alternative to obtaining a visa for travelers from Visa Waiver Program countries who plan to visit the United States for up to 90 days?

Did you Know?

Did you know.

Answer: True. It is crucial to answer questions about your criminal history truthfully during the visa application process. Providing false information can lead to more severe consequences than the criminal record itself. It is essential to be honest and transparent to avoid any legal complications.

Answer: Multiple DUI convictions could potentially raise questions about your admissibility to the United States due to possible alcohol addiction. While a single DUI conviction is not automatically considered a crime involving moral turpitude, repeated offenses or circumstances involving harm to people or property could result in a heightened concern about the individual’s admissibility due to potential alcohol addiction.

Answer: The alternative to obtaining a visa for travelers from Visa Waiver Program countries who plan to visit the United States for up to 90 days is the Electronic System for Travel Authorization (ESTA). Instead of a visa, travelers from Visa Waiver Program countries can apply for authorization through ESTA. However, it is important to note that travelers still need to disclose any criminal history during the ESTA application process. While a conviction does not automatically disqualify an individual, a denial in ESTA would require them to go through the standard visa application process.

• Did you know that approximately 44.9 million immigrants were residing in the United States as of 2019? This number includes both lawful and undocumented immigrants, making up about 13.7% of the country’s population. Immigrants contribute significantly to the United States’ economy and cultural diversity, playing a vital role in various industries such as technology, healthcare, and agriculture.
• Did you know that Ellis Island in New York Harbor was the primary immigration hub from 1892 to 1954? Over 12 million immigrants entered the United States through Ellis Island during this period, hoping for a chance at a better life. Today, Ellis Island is a museum and a symbol of hope and opportunity for immigrants who have come to the United States.
• Did you know that the United States has the highest number of international students in the world? In recent years, the US has hosted over one million international students who pursue higher education in various disciplines. Studying in the United States provides students with opportunities for academic and career growth, as well as cultural exchange.
• Did you know that the United States has a Diversity Immigrant Visa Program (DV program) that provides opportunities for individuals from countries with low immigration rates to the US? Also known as the Green Card Lottery, the DV program grants up to 50,000 visas annually through a random selection process. This program aims to promote diversity and provide individuals with a chance to immigrate to the United States.
• Did you know that the United States has a long history of welcoming refugees? The Refugee Act of 1980 established a comprehensive system for admitting and resettling refugees, offering protection to those fleeing persecution or violence in their home countries. The United States continues to be one of the top countries in the world for refugee resettlement, providing a safe haven for individuals and families seeking a fresh start.
• Did you know that immigration laws and policies in the United States have evolved over time? From the Chinese Exclusion Act of 1882 to the Immigration and Nationality Act of 1965, the United States has experienced significant changes in its approach to immigration. These changes reflect the country’s changing social, economic, and political landscape, as well as its commitment to fairness and equality.
• Did you know that the United States is home to various immigrant communities, each with its own unique cultural contributions? From Chinatowns to Little Italys, these communities have enriched American society by bringing their traditions, cuisine, languages, and customs. Exploring these vibrant communities allows you to experience the diversity and multiculturalism that define the United States.

Learn Today: Key Terms Explained

Visa Application Process : The process of applying for a visa to enter the United States. During this process, individuals are required to provide information about their background, including their criminal history.

Criminal Record/Criminal History : A record of an individual’s past criminal convictions and charges. In the context of immigration, a criminal record can impact an individual’s ability to enter the United States.

Crime Involving Moral Turpitude (CIMT) : A criminal offense that demonstrates depravity or is considered contrary to community standards of justice, honesty, or good morals. Certain CIMTs can make an individual inadmissible to the United States.

Controlled Substance Violation : A violation of the law related to controlled substances, such as drug offenses. Any conviction or admission of violating controlled substance laws, with the exception of a single offense of simple possession of a small amount of marijuana, can render an individual potentially inadmissible to the United States.

DUI (Driving Under the Influence) : A criminal offense that involves operating a vehicle while impaired by alcohol or drugs. Multiple DUI convictions could raise concerns about admissibility to the United States, particularly if there are aggravating factors or indications of alcohol addiction.

Waiver of Inadmissibility : A formal document that allows individuals with a criminal record to enter the United States despite being technically inadmissible. Obtaining a waiver involves an application process where individuals must demonstrate that their visit does not pose a risk to the U.S. community and that there are compelling reasons for their visit.

Visa Waiver Program (VWP) : A program that allows citizens of certain countries to travel to the United States for business or tourism for up to 90 days without obtaining a visa. Instead, they must obtain authorization through the Electronic System for Travel Authorization (ESTA).

ESTA (Electronic System for Travel Authorization) : An online system used to determine the eligibility of travelers from Visa Waiver Program countries to enter the United States. ESTA authorization is required before traveling to the U.S.

Inadmissible : The status of being ineligible to enter the United States based on certain grounds, such as criminal history, health concerns, or immigration violations.

Immigration Attorney : A legal professional who specializes in immigration law and provides advice, guidance, and representation to individuals facing immigration-related issues, including those related to criminal records and admissibility.

US Department of State’s Bureau of Consular Affairs : A government agency responsible for issuing visas and providing consular services to U.S. citizens abroad and foreign nationals seeking to visit or immigrate to the United States. Its website provides official information and resources related to visa applications and travel to the U.S.

US Customs and Border Protection (CBP) : A federal agency responsible for regulating the entry and exit of people and goods into and out of the United States. CBP operates at ports of entry, including airports and border crossings, and enforces immigration and customs laws.

Travel Arrangements : The plans and preparations made by individuals for their travel, including booking flights, hotels, transportation, and obtaining necessary travel documents such as visas or ESTA authorization.

Admissibility : The status of being eligible to enter the United States based on meeting the legal requirements and not being subject to any grounds of inadmissibility.

Legal Guidance : Advice and assistance provided by legal professionals, such as immigration attorneys, in navigating the complex legal aspects related to immigration, including issues related to criminal records and travel.

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Traveling to The US With A Criminal Record: What to Expect

Everybody loves a smooth journey, particularly when traveling internationally . The United States is not merely a tourist destination; many individuals travel for school, jobs, business, and medical reasons.

However, the US has a strict border admission method, and a few matters, including a criminal past, can prevent you from coming into. If you or a loved one is visiting the US with a criminal record, keep reading. We will offer a comprehensive guide on what you need when traveling with a criminal record, including what convictions stop you from entering America or offenses the country deems serious.

Get Informed

Getting informed is one of the most crucial recommendations on any traveler’s checklist . You must inquire with the US embassy or consulate in your country concerning the choices available for those who need to travel with a criminal record. So, before making any plans like booking flights, gather all the info you will need to enter the nation safely and easily.

Offenses that can prevent entry

A criminal conviction is not the only factor that might keep you from entering the United States. Even though you have never been convicted of a crime, some transgressions, such as the ones listed below, can prevent you from entering the nation.

• If you were caught without a visa and deported.
• If you have ever been convicted of more than two offenses and have spent at least five years in prison.
• If you have broken rules and restrictions on prohibited substances. This felony includes any type of trafficking or crime of this nature.
• If you have committed a crime of moral turpitude, which includes money laundering, prostitution, passing wrong inspections, benefit fraud, sexual violence of any nature, aggravated assault, tax evasion, driving under the influence, bribery burglary, assault intended to do serious harm, theft, and any major criminal activity.

Fortunately, there are certain exceptions applied when entering the country.

• If you were sentenced, convicted, and served jail time for less than a year even if the sentence was longer.
• If you committed the crimes of moral turpitude shown above when you were below 18.
• If the crimes you committed below 18 were done more than 5 years ago.
• If you were convicted of driving under the influence.
• If you were arrested but not convicted.
• If you were convicted but acquitted.

Nonetheless, if you have multiple convictions for crimes like driving while drunk and other crimes of moral turpitude, you will be denied entry to the US. Even with a pardon, the US still treats such crimes like criminal convictions, and this may still prevent entry into the country. Keep this in mind when traveling to the US with a criminal record.

Getting an ESTA with a criminal record

If you belong to a member country of the Visa Waiver Program, you can apply for an ESTA. An ESTA is an automated document given to eligible US travelers in the VWP. The application process collects relevant bio-data and asks specific eligibility questions to determine if you can get the ESTA.

Questions asked concerning criminal activities involve:

• If you have participated or plan to participate in activities such as terrorism, sabotage, espionage, or genocide.
• If you have once committed serious damage to property, or harm to another person and have been arrested or convicted of it.
• If you have committed crimes like fraud or misrepresentation when getting a US visa for yourself or another person.
• If you have once violated laws on the possession, distribution, and use, of illegal drugs.

Minor traffic offenses without an arrest and conviction do not affect your ESTA application. Nevertheless, if you answer yes to any of the above, you could be denied an ESTA and need to apply for a visa instead.

Getting a US visa with a criminal record

When you are applying for a non-immigrant visa, having a criminal record can affect whether your visa application will be accepted or denied.

When applying for a visa, the first step will be to complete the DS-160 application form, which has a ‘Security and Background Section’ with specific questions on criminal activities including:

• If you have been involved in, or plan to engage in money laundering.
• If you have ever violated or participated in the violation of laws on controlled substances.
• If you have been arrested or convicted of any crime or infraction.
• If you have once incited, helped, perpetrated, commanded, or participated in violent, political, or extrajudicial executions.

You will also need to fill out the Personal Data Sheet and present an official document detailing your criminal history.

Immigration law in the US can be complicated to understand. Border control officers may not be trained on how to interpret the law and entry accepting entry or denial is at their discretion. A criminal record can potentially deny you access to travel to the US but as you can see above, not all crimes do, and you can be eligible for an exception depending on the nature of the crime, how serious it was, and any special circumstances surrounding the process.

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• ESTA Requirements
• Visa Waiver Program

Applying for an ESTA with a Criminal Record

Updated: Nov 01, 2022  | Tags: ESTA with Criminal Record , Visa with Criminal Record , ESTA Requirements

Can you get an ESTA with previous criminal arrests or convictions?

Yes, an ESTA can be obtained with a criminal record, however getting an ESTA approved will depend on the nature of the crime, the age of the offender at the time as well as the date the crime took place. No matter where the crime occurred in the world, an arrest, caution or conviction must be declared on an ESTA, where relevant, or U.S. visa application.

Travelers with a criminal history that are planning applying for an ESTA to enter the United States often overlook the subtleties of the eligibility questions on the application form. The ESTA eligibility questions cover various circumstances of an applicant’s history. These questions are intended to capture possible security risks of an applicant. The two eligibility questions that receive the most amount of discussion on the ESTA form are related to arrests and convictions involving moral turpitude. Moral turpitude is considered morally depraved or vile behavior that goes against the accepted standard and sentiments of a community. These two questions are as follows:

“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?”

This question relates to criminal convictions and arrests that result in serious damage to property, or serious to harm to another person or government authority. Examples that would be considered serious include, but are not limited to:

• Crimes against the person such as murder, manslaughter, rape, gross indecency, serious assaults, kidnapping
• Crimes against property such as arson, burglary, theft, robbery, fraud, receiving stolen property
• Crimes against a government authority such as benefit fraud, tax evasion, bribery, perjury

“Have you ever violated any law related to possessing, using, or distributing illegal drugs?”

This question is clearer in that it specifically asks if a law has been violated related to the possession, use or distribution of illegal drugs. However, some cross-border inconsistencies may complicate an applicant’s answers. For example, legal use of a controlled substance, such a medical marijuana in an applicant’s home country, is still considered illegal usage of substance under United States federal law even though several states have legalized its use. Applicant’s will need to determine if their usage of an illegal drug should warrant a ‘Yes’ answer to this question, which will likely result in having their ESTA denied. Ultimately, if not convicted of a drug related offense, the answer to the question is more about the applicant’s honesty as Customs and Border Protection (CBP) may not be able to verify the drug violation.

Can you travel with a drug conviction?

Obtaining an ESTA with an illegal drug conviction would entail answering ‘No’ to both the questions on criminal history and illegal drug usage. However, consider that answering ‘No’ to having violated laws related to possessing, using or distributing illegal drugs would be untruthful if you have received a conviction for the stated activities in the question related to illegal drugs. If your ESTA application is denied, you can still apply for a B-2 Tourist Visa or a B-1 Business Visa and have the opportunity to clarify the circumstances around your convictions on previous drug possession or usage.

Can you travel on an ESTA with a drink driving conviction?

A single instance of driving under the influence of alcohol is not considered a crime of moral turpitude according to U.S. rules on establishing good moral character. However, if an applicant is a habitual drinker with multiple drinking violations, or has committed a crime as a result of drinking that has caused serious damage to other individuals or the property of another person or government authority then they could likely answer ‘Yes’ to the question on criminal history on the ESTA form.

Can you travel on an ESTA with an assault charge?

If the assault has not resulted in serious injury or damage to an individual or their property, then the applicant can likely answer ‘No’ to the question regarding criminal history if it most accurately reflects their circumstances.

Can you travel on an ESTA with a suspended sentence?

A suspended sentence is essentially a conditional judicial punishment which is enforced if further crimes are committed. An ESTA applicant’s responses would not change to the eligibility questions on criminal history and drug possession or use with a suspended sentence. If an applicant’s conviction is not considered as a crime of moral turpitude then it may be likely the answer to the question on criminal history can be entered as ‘No’.

Can you travel on an ESTA with a spent conviction?

United States visa and immigration laws do not recognize the Rehabilitation of Offenders Act, thus if a conviction is considered spent in the UK, or any other country with similar arrangements for convictions, applicants must consider their convictions on the ESTA form only if they resulted in serious damage to a person, a person’s property or the property of a government authority.

Can you travel to America on a good behaviour bond?

This question is asked by Australian travelers. A good behaviour bond is a non-custodial sentence where if no further crimes are committed, the offender is spared jail time after a set period. Potential ESTA applicants will need to truthfully answer the questions on the nature of their criminal history, as well as drug possession and usage history. Therefore, having a good behaviour bond does not technically change the circumstances of an ESTA applicant, however, if an ESTA is denied, having a good behaviour bond would help establish Good Moral Character (GMC) when applying for a U.S. visa.

Can you travel to America without an ESTA or a visa?

No, an approved ESTA or valid U.S. visa is required to enter the United States. In most instances, you will not be able to board an aircraft, sea vessel, or drive through the U.S. border, without an approved ESTA or valid visa.

What if I just lie on my ESTA application?

If CBP discovers you lied on an ESTA form, your application will be denied within 72 hours of submission. Furthermore, you will likely have your ESTA denied even if it was previously approved. In many situations, your ESTA may be approved and then denied without notice or explanation. CBP reserves the right to revoke an ESTA at any time. ESTA applicants waive their right to an appeal of a denied travel authorization as part of applying to enter the United States under the Visa Waiver Program .

Getting an ESTA with a criminal history requires different considerations based on the circumstances of the applicant. Always answer the questions to the best of your ability and in a manner that is aligned with the truth. If you are denied an ESTA, you may still be eligible to apply for a U.S. visa. Visit getting a U.S. visa with a criminal record for more information.

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