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Enter the US with a spent criminal record?!

Would I be able to enter the US with a criminal record that has been spent?!
Reply 1
Avatar for barbkloc
barbkloc
Yes but you'll need a visa, which costs £60 and you have to go for an interview at the embassy in London.
Reply 2
Avatar for Dirks
Dirks
6
What was the nature of the offense? The Visa Waiver form only requires you to declare arrests for crimes of "moral turpitude" (loosely speaking crimes which they consider make you a "bad un" )
Dirks
What was the nature of the offense? The Visa Waiver form only requires you to declare arrests for crimes of "moral turpitude" (loosely speaking crimes which they consider make you a "bad un" )


Common assault.
Reply 4
Avatar for Dirks
Dirks
6
King-Panther
Common assault.


You should be fine then: common assault looks to be considered not to be a crime involving moral turpitude. Their list (http://www.state.gov/documents/organization/86942.pdf) separates assault into "simple assault" and more severe forms like assault with intent and with a deadly weapon, with simple assault being acceptable.

So all you need to do is tick "No" when asked if you have been arrested for any crimes of moral turpitude on the visa waiver and you'll be fine.

You will be pleased to know you can also get away with bastardy, Mann Act violations, and mailing an obscene letter.

No Mayhem though.
Or anything to do with drugs. I've been refused a visa for a supplying caution, not even a conviction.
Reply 6
Avatar for Dirks
Dirks
6
Fraser_Integration
Or anything to do with drugs. I've been refused a visa for a supplying caution, not even a conviction.


Unfortunately controlled substance crimes ARE a problem. Whilst not being a crime of moral turpitude, the question you will be asked is "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

This would mean you would have to apply for a visa to holiday there, with a reasonable likeliehood of refusal, depending on the specifics of the case.

It is probably worth pointing out that the US has no access to UK records on any criminal record you may or may not have, excepting certain high profile offences.

Are you just wanting to go there on holiday?
Good news then, it seems I can go there!

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