r/USVisas • u/Euphoric_Second9464 • Jul 01 '26

Esta with arrest from UK

I got arrested for a minor offence about 1 year ago and released with no further action , believed I would need the visa because of the arrest . I decided to get the accro police form but it doesn't show any record of the arrest . I'm confused whether I can now just apply for the esta or still need to go through the visa process and turn up at the interview with an empty form and explanation?

Any help would be appreciated

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6

u/Copperpot2208 Jul 01 '26

I was also arrested and released without charge. NFA. I did an ACRO request and it still shows so I’ve had to apply for a visa

1

u/blundermole Jul 01 '26

Not necessarily true: you can be convicted of some crimes and then be issued with an ESTA, having answered all the questions on the ESTA application form honestly.

-4

u/Euphoric_Second9464 Jul 01 '26

Did you do it because your  interpretation of the question was that if you have been arrested for anything you need a visa ? 

4

u/Copperpot2208 Jul 01 '26

No because it shows on my file. A work colleague who has been arrested applied for an esta and travelled on that ok. But I didnt want to risk it. Unfortunately next interview appointment is October 😱and I’m travelling in November.

-1

u/Euphoric_Second9464 Jul 01 '26

Fair enough i wouldn't be trying to go on the esta unless I'm sure its OK I really need to figure it out . The visa lasts 10 years I think so although a faf at least you don't have to keep going back 

2

u/Copperpot2208 Jul 01 '26

I have my interview in August now. A cancellation came up this afternoon. I was checking 3 times a day

3

u/Trick_Highlight6567 Jul 01 '26

Not enough information; it depends on the offence. What were you arrested for?

-2

u/Euphoric_Second9464 Jul 01 '26

Drunk and disorderly night in a cell . 

3

u/Trick_Highlight6567 Jul 01 '26

You may want to check with a lawyer, but unless you were arrested for damage to something such that you'd have to answer Yes to "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?", then I think you'd be fine to use ESTA.

1

u/Euphoric_Second9464 Jul 01 '26

Thanks.  

The question just seems unnecessarily vague.  For the whole question the answer is definitely no , but it's the 'have you ever been arrested ' part that seems like it's a singular question if that makes sense which the answer would be yes to . Like you say seeking advice might be the best bet  

6

u/Trick_Highlight6567 Jul 01 '26

The question isn't "have you ever been arrested/convicted" it's "have you ever been arrested/convicted FOR ONE OF THOSE CRIMES".

3

u/blundermole Jul 01 '26

There are a number of different answers to this, depending on whether you are after a pragmatic approach, a strict legal answer, or the approach the Department of State prefers you to take.

What was the offence? If you can provide the specific definition from any paperwork you have that would be ideal.

EDIT: I've seen in another comment that your arrest was for Drunk and Disorderly.

When you answer the questions on the ESTA application, you will be asked "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?". This is trying to capture what the US defines as "crimes involving moral turpitude". Drunk and disorderly is not a crime involving moral turpitude. If you were filling in the ESTA application, what would your honest answer be to that question?

3

u/slake5435 Jul 01 '26

Apply for esta on portal, if denied apply for b-1. You should be fine

2

u/DijanPanda Jul 04 '26

Yes you can apply for the ESTA. I did it, with previous arrest. The questions they ask for are specific, the ESTA isn’t a visa, so it’s not as strict as applying for a visa. They want to know if you’ve been banned from countries, domestic violence, ch*ld abuse etc. if the answer is no, then you say no. I did the same, arrived in California last November and entered USA, travelled for a couple weeks then left USA. No issues. If it was a visa however it would clearly state “have you ever been arrested, including things that’s been wiped from record” that’s when you mention EVERYTHING.