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Ash
Ash, Solicitor
Category: Immigration Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I got a warning will I be eligible to use the ester

Customer Question

Hi I got a cannabis warning will I be eligible to use the ester waiver as it asks "have you been arrested or convicted of a controlled substance" as far as I know a cannabis warning isn't an arrest or a conviction. Also is a cannabis warning listed on the pnc.
Thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Was it a caution you received please?
Customer: replied 2 years ago.
It was a cannabis warning, I was stopped on the street and made to sign a sheet of paper. I wasn't arrested nor taken to a police station for finger prints or an interview
Customer: replied 2 years ago.
It was my first time being caught with cannabis
Expert:  Ash replied 2 years ago.
Ok - in that case you can tick NO to this question on the ESTA.
You were never arrested, cautioned or even have a conviction.
You can safely tick no and not worry.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Is it listed on the PNC and what is the difference between a cannabis warning and caution?
Expert:  Ash replied 2 years ago.
Caution is a formal process where you have to admit the offence etc.
That is different to just a warning.
You can tick No.
In any event the USA authorities do not have access to UK PNC's
Does that help?
Alex
Customer: replied 2 years ago.
So is it not listed on the PNC? and how do the us authorities find out whether if you have been in trouble? I'm nervous because I've booked my flight to New York and I don't want to be in trouble with immigration.
Expert:  Ash replied 2 years ago.
The USA only has access to terror related offences.
You dont need to worry but do not volunteer it when you get to immigration.
They have no access as of right to UK PNC's
Thousands of people go every year who have convictions that dont declare them without issue.
Alex
Customer: replied 2 years ago.

But is it listed on the PNC?

Expert:  Ash replied 2 years ago.
If its a street warning - no.
Alex
Customer: replied 2 years ago.
Is there anything else you could tell me about how a cannabis warning can affect me? Apart from employment because I'm self employed. Also how many cannabis warnings are you allowed?
Expert:  Ash replied 2 years ago.
No you don't need to worry about it. It is only a warning and wont show even on a CRB (now DBS) check.
It is just that a warning - you dont need to worry about it.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.

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