ESTA Declined Previous Arrest in USA

[tim17]

Originally Posted by katiec68

As a police officer involved in public protection unfortunately sometimes all it takes is "one mistake". We currently have several sex offenders who have been returned from the USA, Canada and Australia for making "1 mistake" - some of them have been abroad since they were 4/5 years old and are now in their 60s or 70s... Unfortunately/fortunately - whatever your point of view - they show no mercy.



There is one thing that police forces will not stand for and that is either deception or withholding information. They will take this more seriously than the actual misdemeanour itself - no matter what it is

Katie .

See more...

So what should Josh do now?

[Cazzius]

Hi Josh,

I'm afraid I can't help with your Visa query.

However, if it's Disney that your girlfriend has her heart set upon and you can't get a Visa in time for May, how about a trip to Disney Paris and an IOU for America in the future? Or I keep hearing and seeing great reviews/photos for the parks in Tokyo which would still be a fun adventure, although not what she originally wanted.

I hope your interview goes well and you are grated a Visa.

[Persnicketty]

Originally Posted by Josh24

Hi Chris,

Yes I am still following the thread - it's been really useful for me if I don't like everything I am reading but it's good to know.

See more...

Hi Josh,

All of us who have offered advice and opinions wish you nothing but success, but there is a risk we end up depressing you with overly pessimistic advice. And we are projecting ourselves onto your situation a bit... with the best of intentions, but it can skew stuff a bit.

Yes it can take 6-9 months to get a resolution

Yes it might not be the answer you hope for.

However, on the positive side, remember this is a due process. Your application is assessed without bias against specific criteria. Your misdeed needs to come within the definition of a Crime of Moral Turpitude, (CMT), which is a very clearly defined list of particular offenses for visa purposes.

If you do some research of your own, you will see your own misdemeanors do not fit the description.

Also, they generally look for a "record of misdemeanors", hence the importance of your ACRO Police Certificate. Yours was a one off moment of regret.

Finally, there are exceptions made, even for CMTs, where "petty" or "youthful" CMT offenses can be discounted.

Its your call, but when you decide what to do, make an informed decision. None of us are experts and leaving it unaddressed effectively makes it a lifetime barrier.

And even if they say no, you might get an indication that's its ok to re-apply in 2 years or something.

Good luck mate

[katiec68]

Originally Posted by tim17

So what should Josh do now?

See more...

If it was ME I wouldnt feel comfortable withholding the information - however I guess it goes with the territory of "being a police officer"! As a rule we tend to feel uncomfortable with not being 100% straight (yes - I know it doesnt apply to everyone! )

As Josh is only volunteering I dont know what criteria apply to him however given the way that police forces are going his American "conviction" - if thats the right term for what it is - might not sit well on his main police force application.

There is an offence of "Obtaining a pecuniary advantage"
Ie - if you lie or withhold information on a job application form which means your employer gives you a job they wouldn't have if they had been in full possession of the facts you will end up in court and having to repay your salary/benefits etc and possibly in prison...

I think Josh's best bet is to be upfront right from the start/as soon as possible.
But thats just my opinion.

Katie

[tim17]

Originally Posted by katiec68

If it was ME I wouldnt feel comfortable withholding the information - however I guess it goes with the territory of "being a police officer"! As a rule we tend to feel uncomfortable with not being 100% straight (yes - I know it doesnt apply to everyone! )

As Josh is only volunteering I dont know what criteria apply to him however given the way that police forces are going his American "conviction" - if thats the right term for what it is - might not sit well on his main police force application.

There is an offence of "Obtaining a pecuniary advantage"
Ie - if you lie or withhold information on a job application form which means your employer gives you a job they wouldn't have if they had been in full possession of the facts you will end up in court and having to repay your salary/benefits etc and possibly in prison...

I think Josh's best bet is to be upfront right from the start/as soon as possible.
But thats just my opinion.

Katie

See more...

Totally agree.

[Josh24]

Thanks for all the advice. We have decided to put Disneyland on hold for now. Another black mark from the girlfriend but she understands - I think. Will have to come up with something great for her birthday.

Hope you all enjoy your trips.

[Ridersmom]

Josh,

In my state, after seven years with no further convictions, one can have the record annulled. I have no idea if it's possible in either Arizona or Nevada. YOu may find the answer in a google search or may need to talk to a lawyer in the state where the incident occurred. Many lawyers would answer the question as part of a free consultation.

I have done annulments for clients in my state and here they routinely are granted, especially for youthful, non violent crimes. I cannot imagine they would limit them to residents. To me, a conviction can have long term effects and many people do something stupid once and then go one to be outstanding citizens. I actually know a couple of fellow bar members who had minor convictions annulled so they could be admitted to the bar. One in particular for a possession of marijuana charge that happened in college.

Good luck. Unfortunately, the current administration is not a particularly forgiving one nor is it welcoming to people from other countries.

[ChrisS]

Originally Posted by Josh24

Thanks for all the advice. We have decided to put Disneyland on hold for now. Another black mark from the girlfriend but she understands - I think. Will have to come up with something great for her birthday.

Hope you all enjoy your trips.

See more...

Good luck Josh

[Posiesmum]

Originally Posted by katiec68

There is an offence of "Obtaining a pecuniary advantage"
Ie - if you lie or withhold information on a job application form which means your employer gives you a job they wouldn't have if they had been in full possession of the facts you will end up in court and having to repay your salary/benefits etc and possibly in prison...

I think Josh's best bet is to be upfront right from the start/as soon as possible.
But thats just my opinion.

Katie

See more...

Just as a point of info, obtaining a pecuniary advantage was abolished by the Fraud Act 2006 and replaced by fraud by false representation.

[DisneyDaffodil]

Originally Posted by Josh24

Thanks for all the advice. We have decided to put Disneyland on hold for now. Another black mark from the girlfriend but she understands - I think. Will have to come up with something great for her birthday.

Hope you all enjoy your trips.

See more...

That is a shame Josh, but fully understandable. I don't think I would go through all the stress of hoping to get a visa either. I am sure your girlfriend is disappointed but understands.

Hope you have great holiday wherever you decide to go. There is always DLP or if you want to make it a special trip, why not look at Disney in Japan? Good luck