Visa Waiver - Should I be worried

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Our family is taking our 5th visit to WDW later this year, however I am staring to get very worried about a criminal record of one of the party going with us.
In the previous 4 visits, she has always ticked the "no" box to the "have you ever been arrested...etc" on the Visa Waiver form, and has never experienced a problem. In fact its only recently Ive been made aware of this conviction, and that maybe she shouldnt have been ticking that box.
The criminal record in question was a case of working whilst claiming unemployment benefit, and occurred over 20 years ago. Obviously this was fraud, and should exclude the person from the Visa Waiver scheme.
Ive tried to approach the situation sensibly....my thoughts are that they should consider applying for a visa through the embassy beforehand. I don't know how strict they are, but I can't imagine they would reject a visa for an event involving only a few hundered pounds over 20 years ago.

The person concerned however doesn't want to risk doing that, incase they get rejected and have their "cards marked" by doing so. They figure that they havent had a problem in 4 visits, and that they are unlikely to do so now. In effect, she wants to take her chances.....which I think is a bit risky, and could potentialy ruin the holiday for the rest of us if she was turned back at the airport.

The annoying thing is, that at the time there were dozens of people caught at this workplace, and my relative was one of only a few that just pleaded guilty to get it over with....those who didnt were found not guilty !!!


So, my question to the board is as follows :

1. Is it likely that an offence from 20 years ago will have only clerical records gathering dust somewhere, and not be part of some traceable computer record that would show up at immigration ?

2. If nothing has shown up in 4 visits, do US Immigration have access to any kind of background data now, that they didnt have 18 months ago, that might make a 5th visit any different ?

3. If she were on an electronic police record at any time, are they ever wiped ?

4. What would you do...take your chances, or try a visa application beforehand ?

5. Am I worrying about nothing ?

 

[martina857]

Simple answer to question 5..... Yes you are, there are loads of people with records get into USA every day, the box to tick is just in case you actually do something bad over there and get caught, they look at the box and say "you did not tick this, you are a dishonest person, leave our country and don't come back"

I beleive I read on here somewhere that they have no access to UK records unless asked for.

 

[vernon]

Usually I would advise people to be 100% honest in a case like this as the aggravation should you get caught isn't worth the risk, but I can see why, given the long time that has passed since the conviction and the fact that nothing has shown up in the previous 4 visits, you would be tempted for keeping quite about it.

Perhaps it would be worth your while asking your local police force for a report on the person as far as do they have any criminal record, I'm having to do this for my fiance visa that Jana and I are applying for. Apparantly it is a £20-30 cost to obtain, takes about a month to process and covers anything from the last 5 years and major convictions for a unspecified longer period. If asked why your requesting one you could always say that she is planning on emigrating and it's a requirement for the immigration program, it may help you to know if anything shows up on the British system.

 

[rob@rar.org.uk]

Isn't a minor offence like this from 20+ years ago discharged/erased from a person's records?

Like Vernon, I think honesty is usually the best policy because it oftens avoids a deal of complication, but I think in this case (with four trouble-free entries to the US) I would be tempted to continue ticking the 'no' box.

Regards

Rob

 

[DISNEY FREAK UK]

Hi Folks,

Rob is quite correct that certain offences are "wiped" from an individuals record after a set time. This refers to the "Rehabilitation of Offenders Act" (I forget the year!) However, this act DOES NOT APPLY to the United States and thier immigration policies. Look at the UK Passport Agency website and it gives a link to the US Immigration and Naturalization website.

Hope this helps

Disney Freak UK

 

[vernon]

Does that mean they would not appear on any UK authorities search? In which case if the Americans don't already know ( four previous trips would suggest they don't) and the UK authorities wouldn't show it the only way the American authorities would find out is if you tell them.

 

[Sue F UK]

I agree with the general opinion - the offence, while serious on paper, was a small matter and was over 20 years ago. The British authorities would have no reason to include it on any official lists of undsireables as they would with major crimes.

Even if the US immigration authorities conducted random tests, which I doubt they do, given the laws of probability the chances of her 'number coming up' are less than miniscule.

I think I would put it to the back of my mind and keep ticking 'no'.

 

[DISNEY FREAK UK]

Hi Folks

The Rehabilitation of Offenders Act was designed to allow people to "wipe the slate clean" after a set period (I think 5 years) and allow them to declare no convictions on forms such as a job application etc. However certain offences do not benefit from this and the only ones to benefit are the "lower grade" offences. These would not necessarily show up on a "bog standard" local Authority or police search but would show up on any type of enhanced search i.e an enhanced personal disclosure search if an individual applied to work with children for example.

I legally cannot say to tick the "no arrests" box on the Visa waiver form because as I said previously this Act does not apply to the USA but I would not be too concerned about this issue, it was 20 years ago and the likelihood of there being any paper records is slim at best and the US authorities only have access to criminal records info in very serious cases i.e not you!!!

Just relax and forget about it and above all ENJOY YOURSELVES!!

Regards

Disney Freak UK

 

[jjcollins]

Ok the conviction stays on your record for 7yrs from what i was told. But this is were it gets interesting say the conviction was in 1980 and say you had another conviction in 1986 the 1st conviction then runs until the 2nd conviction is cleared - i hope you understand so it would be 1993 before both were cleared of your record. And i mean any convection.


jj.......

 

[IAN5150a]

I got involved with pinching a few apples 22 years ago when I was 17,Kids prank really! However I dont qualify for visa free travel because of this,and as i had to get ny first visa in 1989 i had tp reapply last year,
However scotland yard had cleared my record after 10 years so USA authorities had no way of checking me out-No Records but because I told them in 89 I was on their system..
In US law NO Record is ever wiped clean it was a doddle getting my visa the only thing was time factor 7 weeks to appt etc,
what im trying to say is if this offence has been wiped no problem,even though illegal to do say they wont be able to tell its a lie!
But if the offence has been not been wiped could be problems i think the main things they keep on record are crimes to the person,GBH,MURDER etc
I Reckon shed be fine BUT..Id get a visa ,