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Garda Caution - Esta

  • 04-08-2019 11:29am
    #1
    TheManDude
    Registered Users Posts: 24 ✭


    Hi

    Quick question. If you have a garda caution for petty theft do you have to disclose this on Esta Form?

    The Esta question mention: "Have you ever been arrested or convicted for serious damage to property" - Would it fit under this section?

    As far as im aware the caution doesnt show up in Garda vetting or police certifiicates.

    Cheers


Comments

  • #2
    xzanti
    Moderators, Entertainment Moderators Posts: 10,442 Mod ✭✭✭✭xzanti


    No.

    Unless you have a conviction, you're clean. AFAIK.


  • #3
    freshpopcorn
    Registered Users, Registered Users 2 Posts: 31,068 ✭✭✭✭freshpopcorn


    Mod NoteMoved from After Hours to Legal issues. Please follow local guidelines.


  • #4
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,506 ✭✭✭✭Marcusm


    The US State Dept regards theft as a crime involving moral turpitude. You are precluded from applying from an ESTA if you have been arrested for such a crime. Whether or not you are convicted is a separate matter.


  • #5
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    The US and Canada consider an arrest as enough to make you apply for a visa.


  • #6
    TheManDude
    Registered Users Posts: 24 ✭TheManDude


    Thanks. The question no longer asks about moral turpitude however. It asks if ever arrested for serious damage to property or to a person.

    As such a garda caution for e20 theft surely wouldn't fit into this? Also how would do know about it if doesn't show on police records?


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  • #7
    rondog
    Registered Users Posts: 611 ✭✭✭rondog


    US immigration dont have access to Irish criminal records so if you forgot about it and answered 'No' you should be fine.


  • #8
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,846 ✭✭✭✭Peregrinus


    Obviously if you have a caution for any offence you have probably been arrested for that offence. A caution comes after an arrest.

    So the question is, is "petty theft" something embraced in the term "serious damage to property"?

    The problem I have here is that "petty theft" is not a crime we have in Ireland. So I suspect the OP may be talking down the nature of the offence he was cautioned for, in the hope of persuading us to give him the answer he hopes to get. Which is understandable, but unwise.

    OP, what is the offence that you were cautioned for? It will be stated on the written caution that you were given.


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