Arrested in USA

the_cat_is_back

Hi all,

About 5 years ago I was arrested in the US. I was on a night out and we were staying in a friend's apartment. Long story short I ended up going into the wrong apartments on the way home (same street). I didnt actually go into anyone's apartment just the block itself. The security guy phoned the cops, they arrested me for trespassing and took me to the local station, fingerprinted me etc. Had to wait until they could contact the owner of the buliding, he didn't want to press charges so they released me that day without charge. It didn't go to court. Now I want to go to the US again in a few months and am wondering will I be able to get back in on the visa waiver program?

Thanks

FreudianSlippers

Most likely, yes. It's highly unlikely your name ever left the officer's personal notebook of the evening.

Not guaranteed though, might be worth applying for ESTA before booking a ticket. Also note that just because you have a valid ESTA does not mean you will get through US Boarder Protection. I'd imagine you have nothing to worry about though.

coylemj

You weren't even charged, let alone convicted so there is no way that there is any official record of the incident that would come up on the immigration radar.

Consider yourself lucky that the security guard didn't shoot you, some of these wanabee cops like wearing a uniform and a gun and think along the lines of 'shoot first and ask questions later'.

FreudianSlippers

coylemj wrote: »

You weren't even charged, let alone convicted so there is no way that there is any official record of the incident that would come up on the immigration radar.

Consider yourself lucky that the security guard didn't shoot you, some of these wanabee cops like wearing a uniform and a gun and think along the lines of 'shoot first and ask questions later'.

Well, they would have certainly "run" his name to check for warrants etc. and those do show up on Federal radars... but it's so benign that it's almost certainly not something to be worried about when it comes to ESTA.

Our man in Havana

On any traffic stop they will run a warrant check, all 50 states and federal. Not a thing to be worried about. Many a foreigner gets stopped for minor traffic infringements but a warrant check is always done.

Heck, my full fingerprints are in the US system due to the work I did there and I have never had a problem with ESTA.

coylemj

Yes but I'd assume that a simple check for warrants would maybe be logged for a short while but not sit on the system for ever, otherwise the database would end up with practically the entire population and a few million tourists like the OP!

Anyway, even if it is still in the system, he could have been pulled over for a minor traffic violation so nothing to worry about as far as immigration is concerned.

Del2005

The ESTA asks if you've ever been arrested for crimes of moral turpitude. I don't think trespassing 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 a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

Our man in Havana

It sure is not.

Zambia

coylemj wrote: »

Yes but I'd assume that a simple check for warrants would maybe be logged for a short while but not sit on the system for ever, otherwise the database would end up with practically the entire population and a few million tourists like the OP!

A database can take as much as you give it.

davmol

I was in teh exact same situation myself.About 12 years ago when on my J1 visa a couple of buddies and me were out drinking and took a kids go-kart out of a garden and pushed each other down the road.

The Cops pulled us and arrested us,stupid in my opinion but afterall its theft in their eyes even though we had no intention of taking it ,we were only acting the fools.They made a big deal about it,typical US Cop bravado Bullsh*t,trying to make it out like it was Grand Theft auto...it was a go -kart FFS.

Anyway i was arested and the complainant withdrew their charge as we compensated them -generously-i may add(typical in the US ,the $ rules).

I visited the US many times and this never showed in over 10 years.then with the onset on the ESTA i answered that i had NOT been arrested previoulsy,an honest mistake,completely forgot about the previous incident as so much time had elapsed.I got pulled aside into the US immigration office and they grilled me on it.I was allowed proceed to the US but had to go to the US embassy when I returned to get a special Visa in my Pport to notfiy i was allowed to travel.
Havent used it yet.