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Should I use ESTA?


Should I use ESTA?

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Spip
Spip
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Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!
Yankee
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Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

If you apply for a visa, you will have to get an ACPO certificate - as you 
Yankee
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Yankee - 29 Jan 20 9:33 AM
Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

If you apply for a visa, you will have to get an ACPO certificate - as you 

If you apply for a visa, you will have to get an ACRO certificate - as the convictions are not 'stepped down' they will appear and you will have to provide full details. It will then be up to the US embassy to review the details of your individual case by interview at the embassy - its very hard to predict the outcome. The positive is that 10+ years have elapsed.

If you decide to go the ESTA route, the US has no visibility into UK criminal records.



Debbie Sadler
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Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

Hi Spip 

Welcome to theForum. 

As Yankee says, if you go down the route of applying for a visa you'll need to provide a copy of your police certificate which will disclose your criminal record (immigration/travel is exempt from the Rehabilitation of Offenders Act). As there's no link to your criminal record from your passport, people do lie when completing the ESTA form and then travel to the USA without any problems. The only things to remember are that (a) if you get asked about your criminal record by an immigration officer in the US you'll need to continue with the lie (b) if you wish to live/work permanently in the US then the fact that you've travelled on an ESTA may potentially cause you problems. 

With regard to applying to come off the barred list, you'll need to make an application to:

Review Team
Disclosure and Barring Service
PO BOX 181
Darlington
DL1 9FA

There's a section relating to DBS barring - representation, reviews and appeals on the Unlock Information Hub site which is definitely worth having a look at. 

Keep us updated.

Debs

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Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

It's safely possible to lie one's way into the US on an ESTA but that won't have any bearing on whether the cops put up a notification on you.


AB2014
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Harmless - 29 Jan 20 12:35 PM
Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

It's safely possible to lie one's way into the US on an ESTA but that won't have any bearing on whether the cops put up a notification on you.


As he's no longer on the SOR, he won't have to notify his travel plans, so that shouldn't be an issue, hopefully.

=========================================================

As Chris Stacey said: Although its not formally part of the sentence that is handed down in court, the criminal record that someone comes away with effectively becomes a second sentence, which can have a long-lasting, if not lifelong, impact.

Hola
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Deb S - 29 Jan 20 11:36 AM
Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

Hi Spip 

Welcome to theForum. 

As Yankee says, if you go down the route of applying for a visa you'll need to provide a copy of your police certificate which will disclose your criminal record (immigration/travel is exempt from the Rehabilitation of Offenders Act). As there's no link to your criminal record from your passport, people do lie when completing the ESTA form and then travel to the USA without any problems. The only things to remember are that (a) if you get asked about your criminal record by an immigration officer in the US you'll need to continue with the lie (b) if you wish to live/work permanently in the US then the fact that you've travelled on an ESTA may potentially cause you problems. 

With regard to applying to come off the barred list, you'll need to make an application to:

Review Team
Disclosure and Barring Service
PO BOX 181
Darlington
DL1 9FA

There's a section relating to DBS barring - representation, reviews and appeals on the Unlock Information Hub site which is definitely worth having a look at. 

Keep us updated.

Debs

Hi Debs
Is the same review authority if you were sentenced in Scotland please ? ( if you know )
Thanks in advance
Hola



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Hola - 30 Jan 20 2:24 PM
Deb S - 29 Jan 20 11:36 AM
Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

Hi Spip 

Welcome to theForum. 

As Yankee says, if you go down the route of applying for a visa you'll need to provide a copy of your police certificate which will disclose your criminal record (immigration/travel is exempt from the Rehabilitation of Offenders Act). As there's no link to your criminal record from your passport, people do lie when completing the ESTA form and then travel to the USA without any problems. The only things to remember are that (a) if you get asked about your criminal record by an immigration officer in the US you'll need to continue with the lie (b) if you wish to live/work permanently in the US then the fact that you've travelled on an ESTA may potentially cause you problems. 

With regard to applying to come off the barred list, you'll need to make an application to:

Review Team
Disclosure and Barring Service
PO BOX 181
Darlington
DL1 9FA

There's a section relating to DBS barring - representation, reviews and appeals on the Unlock Information Hub site which is definitely worth having a look at. 

Keep us updated.

Debs

Hi Debs
Is the same review authority if you were sentenced in Scotland please ? ( if you know )
Thanks in advance
Hola



No. The DBS only covers England & Wales. For Scotland, you need Disclosure Scotland.

=========================================================

As Chris Stacey said: Although its not formally part of the sentence that is handed down in court, the criminal record that someone comes away with effectively becomes a second sentence, which can have a long-lasting, if not lifelong, impact.

Was
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Yankee - 29 Jan 20 9:36 AM
If you decide to go the ESTA route, the US has no visibility into UK criminal records.



This is true but when I was convicted within a day I had an email recinding my existing ESTA. I assumed that the police had notified them because I certainly hadn't!

If the US keeps their own record of the notice then they won't require active access to the UK records.
Hola
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AB2014 - 30 Jan 20 2:49 PM
Hola - 30 Jan 20 2:24 PM
Deb S - 29 Jan 20 11:36 AM
Spip - 29 Jan 20 8:34 AM
Apologies for asking questions that have probably been covered already.
I want to travel to USA to close a business deal in the near future. I'm self employed and have two spent convictions from 2009 - one common assault and one of voyeurism. I was given a fine, a 3 year supervision order (which lasted until August 2012) and was on the SOR for 5 years. The offences both occurred in mid 2008, together. I was found guilty at trial (wrongfully - as the whole thing was an inadvertent mistake, with not bad intentions on my part) and sentenced the following month.
Both convictions have been spent under 1974 act (I'm in UK).

What is the best way for me to enter USA? Should I declare the convictions and travel on a visa - either business or tourist?
Or, should I answer NO to questions on ETSA and hope they don't find out, disclosing nothing upon further questions? Is it possible for them to check my criminal record?

I've read about showing remorse During a visa interview (assuming I disclosed everything) - I'm not remorseful of the crime, but I do have empathy for the victim. Should I lie about this and be remorseful of the crimes?

I was placed on the barring list for working with children and vulnerable adults, with no chance of appeal for at least 10 years. This time has now passed, so is it possible for me to be removed from the two lists now? If so, how do I even start?

I should point out that I visited USA in 2000 before Sept 11th, with no visa requirement - just a landing card that I truthfully filled out as having no convictions. A few brief questions upon entry and I was free to travel.

I'm sorry for the long winded explanations - I'm a newbie here and find all the topics and replies very helpful. So, thank you in advance if you are able to help!

Hi Spip 

Welcome to theForum. 

As Yankee says, if you go down the route of applying for a visa you'll need to provide a copy of your police certificate which will disclose your criminal record (immigration/travel is exempt from the Rehabilitation of Offenders Act). As there's no link to your criminal record from your passport, people do lie when completing the ESTA form and then travel to the USA without any problems. The only things to remember are that (a) if you get asked about your criminal record by an immigration officer in the US you'll need to continue with the lie (b) if you wish to live/work permanently in the US then the fact that you've travelled on an ESTA may potentially cause you problems. 

With regard to applying to come off the barred list, you'll need to make an application to:

Review Team
Disclosure and Barring Service
PO BOX 181
Darlington
DL1 9FA

There's a section relating to DBS barring - representation, reviews and appeals on the Unlock Information Hub site which is definitely worth having a look at. 

Keep us updated.

Debs

Hi Debs
Is the same review authority if you were sentenced in Scotland please ? ( if you know )
Thanks in advance
Hola



No. The DBS only covers England & Wales. For Scotland, you need Disclosure Scotland.

thanks
GO


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