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Completing the ETA with a caution?


Completing the ETA with a caution?

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rme123
rme123
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Posts: 38, Visits: 1.4K
Effiew - 14 Dec 16 8:47 AM
Hi I was hoping someone could help? I have a caution from 2008 for damaging a car wing mirror, I was arrested but accepted the caution. I am really worried about answering yes in the question regarding convictions etc. As when I did that for a USA esta it automatically refused me and I spent a lot of time and money going to the American embassy to eventually be given a 10 year travel visa. I know I have to be honest as the question does say arrested, but I've heard that they then ask for more information, I'm hoping that's true! Plus does a caution become spent? I'm very confused!

Hi Effiew, as you've already disclosed your caution with them, it's probably safest to go through the long winded application process again. Even though it's a very trivial caution, it'll be on their system and if you don't disclose it, it's quite possible that you'll get pulled up on this. I know it's too late now, but in retrospect you would have been better off never disclosing in the first place.

There's a very long and very detailed thread about this here: https://www.travellerspoint.com/forum.cfm?thread=22639. The general advice for people in a similar position to you seems to be that if you have already disclosed once, it's best to disclose again. I'm not a lawyer though, so this I'm only going on what I've read in this thread. Fellow members of this forum may have a different experience or opinion.

As for your caution becoming "spent" - cautions can become "filtered". Take a look at the main unlock page for details about this. From the sounds of it, you should be eligible (though when it actually becomes filtered, i.e. removed from you record, I can't say). Also, if you look at the link I posted above, there seems to be an issue with filtered cautions and convictions which show up as "no live trace" (or something to that effect) on any disclosure documents you would receive from the DBS (assuming you were asked to supply these to the US embassy). This is basically a flaw in the system which ultimately acts as a red flag to those in the know - i.e. the department of homeland security know that "no live trace" means you have had a previous caution or conviction, whereas a "no record" disclosure means that you have never had a caution or conviction. I'm not sure I've explained that very well. If not, have a read through the travellerspoint forum as it's all explained more eloquently there.
Effiew
Effiew
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Group: Forum Members
Posts: 2, Visits: 11
Hi I was hoping someone could help? I have a caution from 2008 for damaging a car wing mirror, I was arrested but accepted the caution. I am really worried about answering yes in the question regarding convictions etc. As when I did that for a USA esta it automatically refused me and I spent a lot of time and money going to the American embassy to eventually be given a 10 year travel visa.
I know I have to be honest as the question does say arrested, but I've heard that they then ask for more information, I'm hoping that's true! Plus does a caution become spent?
I'm very confused!
GO


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