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Esta advice please - not really arrested??

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Glasgow
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170 posts
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Esta advice please - not really arrested??

Hello

Myself husband and son who will be 4 then are booked for Orlando next June :)

My husband does not have a criminal record however at a party one night he was arrested for a couple of hours in the middle of the night (to sober up really). He was let go without being charged.

Does he have to declare this on his esta application - I would not have thought so as there was no charges even thoug arrested. I have been told if you say yes to being arrested you must make a trip to th American Embassy in Belfast (we are in Scotland) only to be told all OK?

Any advice would be good :)

Basingstoke
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1. Re: Esta advice please - not really arrested??

No one can 100% say it will be okay on this forum but If no charge was made then as far as I can see nothing has to be declared on the ESTA - if he had been charged with drunk and disorderly then you would probably be best to raise it if but nothing formal was taken against him he should be fine.

Have a great trip when you go next year.

Seaham, United...
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2. Re: Esta advice please - not really arrested??

Have a look at the YouTube video on this embassy website. It should help you make a decision.

www.usembassy.org.uk/visaservices/?tag=arrest

Regards,

Deaconblue

Livingston...
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3. Re: Esta advice please - not really arrested??

To be honest, I wouldn't bother with it. It's something very small and he doesn't have a criminal record.

I would think they would only bother about things which was a direct result of a more serious crime like theft, violence, drugs etc. If it applied to being taken in to sober up a little bit majority of people these days wouldn't get in :P

Kelso, United...
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4. Re: Esta advice please - not really arrested??

I am by no means an expert on this subject but I would say he could answer No on the ESTA application and not feel guilty about it

I would anyway

Aberdeen, United...
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5. Re: Esta advice please - not really arrested??

It sounds lie he will be ok to answer no as he wasn't charged but as already pointed out nobody on here can guarantee you anything.

I think it relates more to being charged with an offence. Good luck

Cherry

Glasgow
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6. Re: Esta advice please - not really arrested??

Thanks Deaconblue

I will look at this link at home as my work's computer does not allow access :)

My husband is of the opinion that there would not even be any paperwork aabout this arrest in 2006. He was arrested about 1am and was let out by 77am. I cant imagine the USA would ever ever know about this?? However I aam slightly nervous about it and whether to declare??

Thanks guys :)

Seaham, United...
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7. Re: Esta advice please - not really arrested??

He may not have actually have been arrested. They probably just locked him up to let him 'sleep it off'. Charges would normally follow an arrest. He would have been charged with Drunk and Disorderly or Disorderly Conduct. If there were no charges then I doubt he was actually arrested. Laws are slightly different north of the border to here in England.

Regards,

Deaconblue

Basingstoke
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8. Re: Esta advice please - not really arrested??

As you stated HappyChick - if no paperwork or anything formal was ever filed then there is no way that the Yank border control could know about it.

If you want to be 100% safe then declare it but to be honest I would not as it may make getting the ESTA more drawn out for your husband.

Glasgow
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9. Re: Esta advice please - not really arrested??

Thanks all.

He also recently moved jobs and was required a Disclosure Scotland check - nothing was shown on this?

I wonder if we could just check with the police themselves?

As ever I appreciate all you guys for your help :)

Durham, United...
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10. Re: Esta advice please - not really arrested??

Not wishing to be a scaremonger, and you probably would be OK, going through Immigration can be quite scary even when you don't have any worries about posible arrests, if you appeared worried at all they might be suspicious. I'm sure people do travel without a Visa when they shouldn't and get away with it.

Doesn't sound like you have anything to worry about but you should contact the embassy just for peace of mind, not sure any of us have the definitive answer.

Good luck and enjoy your hols

Edited: 09 October 2012, 14:38