Hi guys, I have booked a holiday to Florida today for November, forgetting that I received a cannabis warning in around 2016. I am now applying for an ESTA visa and one of the questions is if I have ever been arrested/cautioned etc. for drugs. I am hoping some UK members can help me out on what to do as i'm not sure where to go from here for the best. Do I answer no? If I answer yes, is that an immediate refusal of visa? I have requested my criminal record today from ACRO to see if it shows up on there but I am currently flapping about being refused entry. I am hoping some of you guys have also had a caution in the past and still flown to the US and can advise what is best to do? Thanks in advance guys
I am a retired police officer. I assume that you were arrested and released without charges filed. So you never went to court. You were never 'convicted' of a crime. So there should not be anything on your record.
Thanks for the reply, you are correct, I never went to court but they did take my finger prints and I spent a night in a cell at the station so I assume there is a record of it on the PND. They also searched my house as I was arrested for possession with intent to supply (and then released with a caution) I am very worried about answering "no, I have never been arrested or cautioned" and then turned away at the border.
They ran your fingerprints to see if you were already in the system, hoping you had an existing warrant. It is very common that LEOs want to upgrade the charges. Once you are arrested, then they will search your vehicle and house hoping to find something else to charge you with. The drug charge is only used as a method to gain entry to search your possessions. They were hoping to find a weapon or other drugs. Since they found nothing, they only had the drugs to hold you on, which is NOT a felony arrest. So they released you without any criminal charges. It happens a lot.
I think they took my fingerprints to book me at the station. You are correct I have not been convicted of anything; but my concern is regarding immigration. If I answer "yes" on the application, it may be rejected outright immediately. But if I answer "no" and you guys in the US check it and see there is a note that I was cautioned and see that I lied on the application, will they not allow me into the country and send me home?