arrested - how does if affect ESTA

[Guest]

A member of our party was fined for breach of the peace for minor altercation with a bouncer around 2 years ago. He was drunk and got in a row with a bouncer who ended up giving him a few slaps. someone called the police and it was my friend that ended up getting taken away as the police took the bouncers side of the story. He received a caution and a breach of the peace fine.
In the esta question he answered no to the following question '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? "
It seemed reasonable for him to put 'no' as there was no serious damage done to property,anyone else etc as it was only him that got a little bit of a kicking in.
The esta was approved.
However now reading other posts, we are getting nervous as we all travel in 35 days time and commets on forums state 'any arrest will show up and a visa is required.'
So my question is - will he need to do something about this, as the esta went through fine. Dont want to get there and he gets refused.
Totally stressing us out, this is

[Sweets]

Don't stress. He honestly answered no. The ESTA is approved. Enjoy your trip.

[AL1S0N]

I would say don't worry, his esta was granted as he answered truthfully, he was cautioned, not arrested, and even if he were formally charged I'd still have put a NO on the form as it doesn't constitute to serious harm. And to put your mind at rest, when his passport is scanned at immigration, all that will pop up is his API and esta approval, they DONT have access to his "criminal" history without very good reason. I'm guessing you've been reading posts on trip advisor that's got you this worried-steer clear of them!

[annieh]

It'll be fine, he wouldn't have been formally arrested, he certainly won't have been charged, and subsequently more importantly convicted (as there was no charge nor court attendance) which is why his ESTA would have been approved. There's nothing to worry about, but if he want's to put his mind at rest a quick call to your local police station or via the 101 (police non-emergency) number might clear it up.

[Gp1602]

As others have said the US do NOT routinely have access to UK Criminal Records. They need a very good reason to request access and even then it may not be granted. Look at this link from NACRO. It is very clear, the offence is not a problem.
nacro.uk/resettlemen...fic-countries/

Have a good holiday

[Stitchesmumanddad]

You cannot get a " fine " AND a caution. Further if its simply a genuine breach of the peace, you simply get " bound over" for a sum of money ( not paid ) which is only paid out if you breach the peace again and thus breach the bindover order. It sounds like a simple " sec 5 public order offence " and he probably got a conditional discharge and paid a small amount in costs. Either way - ANY of them are NOT serious harm for ESTA purposes. Stop stressing and look forward to the holiday.

[bighal]

Think of this.. If the US had routine access to UK police files then why do the US Embassy ask for a police check certificate when they are supposed to have access to UK police records?

[Kraken]

From what the OP says, I would guess that their friend was actually arrested. For the Police to take them away (especially if they'd had a few drinks as indicated) would require an arrest.

The fact there was a subsequent caution (i.e. no criminal charges) & bound over to keep the peace fine mean the offence was very minor. Certainly nothing that involved damage to property / a person - which is what the ESTA question specifically asks.

The US Authorities have no access to UK Criminal records (except as a guess in cases that involve National Security). I would imagine that more than a few people are a little economical with the truth when they answer the criminal record history question on an ESTA. (NB: I am not saying this is right to do so, but I bet it happens). I am sure the same is the case for some people seeking entry to the UK also.

[DIBBadmin]

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