Travelling to USA on ETSA

[Bobvance 0]

Hello, 

 

I was falsely arrested a few years ago of SA without penetration. Unfortunately once accused you are always arrested. I was eventually NFA’d of this crime! I was looking at going to the USA and ordered my Acro police certificate and it has come back “no trace” does this mean I can fly under ETSA?

[Mike E 11,739]

If ESTA  asks if have been arrested you must answer truthfully.  

[Boiler 45,445]

Have you applied for ESTA

 

Was it approved?

[Bobvance 0]

1 minute ago, Boiler said:

Have you applied for ESTA

 

Was it approved?

Not yet, I wasn’t sure if I had to and what CIMT was and if having no trace after a false accusation meant that I didn’t have to get a visa 

[CMJuilland 485]

I can’t tell you what your chances of approval are, but if you want to visit the U.S., I would just apply for ESTA and see what happens. All you have to lose are $21, and at least you’ll know what your situation is after your application is processed. It’s been too long for me to remember what the exact questions are, but do answer them truthfully (I believe there is one that either asks whether you have ever been arrested or found guilty of a crime). 

Best case scenario for you is getting your ESTA approved, and if not, you can still apply for a visa. 

[BLC 112]

On 2/14/2023 at 7:01 AM, Bobvance said:

my Acro police certificate and it has come back “no trace” does this mean I can fly under ETSA?

No live trace/no trace means there’s a criminal record (i.e. conviction or caution) of something showing on your background. I don’t believe ESTA does background checks themselves, but you do still need to answer the arrest/conviction question truthfully. It is sort of left up to interpretation though, because they word the question as something like “were you ever arrested/convicted of a serious crime?” — SA is definitely a serious one, so I would answer as ‘yes’. If you did answer no to that question though, and down the line want to apply for an actual visa (immigrant or visitor) to the US, you would likely be screwed for misrepresenting yourself on the ESTA. 

[ElGrandeDoodel 37]

On 2/15/2023 at 2:06 PM, BLC said:

no trace means there’s a criminal record

I don't think this is correct - see the official ACRO website. 'No trace' means there are no convictions, cautions, reprimands/warnings or conditional discharges.

'No live trace' means there is a criminal record but this information does not appear on the certificate because it has been stepped down.

 

Per the website, there are four types of certificate that ACRO will produce:

Quote

• No Trace: There are no convictions, cautions, reprimands/warnings or conditional discharges
• No Live Trace: There is a criminal record but this information does not appear on the certificate because it has been stepped down
• Trace: There is a criminal record and all the information has been disclosed
• Further information stepped down: There is a criminal record, however only relevant criminal record information appears on the certificate as some information has been stepped down