Can I get an ESTA with an arrest record?

maeve99

So I was arrested in 2017 relating to drugs. I was brought to a station and cautioned by the Gardai. I obtained my PULSE records and saw that I was listed as a 'Suspected Offender'.

I had travelled to the U.S. before the arrest and once more the year after on the same ESTA. My ESTA expired in 2019 and I want to get another one to travel sometime in January of next year.

My friend who is a lawyer in America told me that I'm most likely not eligible as the ESTA asks if you've ever been "charged or simply arrested for a crime". Though technically it was forgery that I was guilty of, it involved a controlled drug and apparently the US takes a very dim view of drug offenses, even if you don't have a conviction as these would fall under crimes of 'moral turpitude'.

Is he right or not?

wotzgoingon

I was brought back to the station and stripped searched when I was 16 or 17(21 years ago) for suspected drugs but luckily had nothing on me at the time. I doubt they even kept a record of it as I was in America on a holidays 4 years ago but as i said they didn't charge me with anything apart from being stripped naked perverts.

antix80

I think they changed the wording recently of Question 2 which makes it easier to answer "no" .. previously it referred to "moral turpitude" and confused a lot of people.

ESTA eligibility questions (from google but looks legit)

1. Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality.
2. 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?
3. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
4. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
5. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
6. Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
7. Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
8. Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
9. Have you travelled to, or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011?

Jeremy Sproket

https://www.boards.ie/discussion/comment/117962537#Comment_117962537

Just interested in the Q2 part. Have you ever been arrested or charged.

What if a woman made false rape accusations about a man and he was arrested as a result, even if it became clear that she was lying would the lad still be ineligible for ESTA because he was "arrested and charged" ??

Or a person was mistakenly arrested after a wrong tip off for drugs?

There's a number of reasons a person can be wrongfully arrested or even have charges brought against them.

Jeremy Sproket

https://www.boards.ie/discussion/2058210674/can-i-get-an-esta-with-an-arrest-record

It's terrible sad that a 22 year old girl (I'm presuming you're Maeve born in 1999 😋) has her life turned upside down by busy body Gardaí who are probably powdering their noses themselves. Most drugs (imo) should be legalised or at the very least be decriminalised for small quantities of possession or personal use.

sy_flembeck

https://www.boards.ie/discussion/comment/117977158#Comment_117977158

Busybody Gardai? For doing their job? Grow up.

If someone is caught in possession of an illegal drug it is not the Gardai who are screwing up their life, it's the person in possession. It doesn't matter that you think drugs should be decriminalised- they haven't been!

OP, I think your lawyer friend is correct.

JimmyChew

https://www.boards.ie/discussion/2058210674/can-i-get-an-esta-with-an-arrest-record

Similar situation but its best to just start digging and once you're a couple of hours deep reading into the process it becomes pretty clear on how it all works. I filled out all the forms as required, obtained my records of past brushes with the law and made an appointment in the US embassy in Dublin. Hard work but I managed to obtain a travel visa. I was honest and forthright and even pointed out a mistake that was on the Garda record that could have went against me, I suspect that may have sold it to the person who interviewed me in the Embassy that I was not trying to pull the wool. Don't try to hide or avoid anything they will catch you out and that will go against you. Your history sounds less severe than mine so just go for it. Start with the Embassy website - Visa section, Good luck!