When traveling to the USA what are the consequences of having been arrested but not charged with a crime?

When entering the USA I am often asked "Have you ever been arrested?" to which, fortunately, I can honestly answer "No."

Question 'B' on form I-94 also begins "Have you ever been arrested...?"

At home, I know of multiple instances of police arresting people with no criminal record just to release and never charge them. For those unfortunate people, what are the consequences of answering "yes" to "Have you ever been arrested?"

In other words, how severely would being mistakenly arrested at home impact my ability to travel to the USA?

Best Answer

Be very careful with the arrest questions on ESTA even if there was no conviction. They have your entire arrest history on the screen in front of them the moment they are taking your finger prints and I know from experience there is a good chance that you will be denied entry and returned.

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Can you enter the US if you have been arrested?

Both the U.S. and Canada make it very difficult for anybody with a criminal record to cross the border. You can be barred from entry for a very wide variety of criminal offenses \u2013 even if they seemed to be minor when you were charged.

What crimes stop you from Travelling to America?

In most cases, you will be denied a waiver where you have been convicted of a very serious offence. These are commonly referred to as crimes involving moral turpitude, (CIMTs), such as rape, kidnap, manslaughter, murder or forgery.

How does the US know if you have a criminal record?

A police certificate will display any \u201cunspent\u201d criminal records (cautions and convictions). If your records are \u201cspent\u201d your certificate will state \u201cno live trace\u201d. A \u201cno live trace\u201d record will tell the US authorities that you have at some point in time received either a caution or conviction.

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