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Ben Jones
Ben Jones, UK Lawyer
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Is. A conviction for failing to provide a specimen and driving

Resolved Question:

Is. A conviction for failing to provide a specimen and driving ban a crime of moral turpitude
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is this in relation to travel to the US?

Customer: Yes to the USA, I have already submitted and received a granted application. however I have just been arrested with charge for failing to produce. I have no other criminal offences or records. My court date is 24th and I fly 29th
Ben Jones :

No, these crimes do not amount to moral turpitude, they are not serious enough and do not appear on the list of offences that do amount to that. The full list can be accessed here:

http://www.state.gov/documents/organization/86942.pdf

Customer: Does this mean my ESTA application stands. Is it likely I be questioned by immigration USa
Ben Jones :

I presume you had nothing to declare, or never been arrested when submitting the original application?

Customer: No nothing on record other than this recent arrest and crime. I will face a driving ban but have be warned that they may not let me travel
Ben Jones :

were you arrested at the time?

Customer: I was arrested on Sunday July 6th and charged with failing to produce a specimen without reason
Ben Jones :

Your circumstances have changed and you have been arrested since the ESTA which means that you would now have to declare this and you will require to get a visa instead. The crime is not serious however so it should not affect your chances of travelling but it does mean that you will have to attend the US Embassy for an interview before they grant the visa.There is the option of not declaring anything, which of course I cannot advise you do, but it would be difficult for the US authorities to find out what happened to you because they do not have a direct link to the UK police databse

Customer: is there any way they can be made aware of my arrest if I do not declare?
Customer: the ESTA only asks of arrests of moral turpitude? this is not moral turpitude?
Ben Jones :

Quite unlikely, no one actually knows what links they have but I know of a number of people who have not declared and have never been found out, but I stress again I cannot advise whether you do this or not, that is entirely for you to decide.

It does ask for arrests or moral turpitude but you were arrested hence you are no longer eligible for ESTA

Customer: Thank you
Ben Jones :

you are welcome





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