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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47365
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i want to know if i still have a criminal offence conviction

Resolved Question:

i want to know if i still have a criminal offence for a conviction that happened 50 years ago in scotland
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What do you need to know for, do you have to declare this anywhere?

Customer:

i want to travel to USA

Ben Jones :

what is the conviction for and were you arrested at the time?

Customer:

having had in my possesion a bottle of dexedrine tablets i was sentenced to 2 years probation and £100 surity

Ben Jones :

so were you arrested?

Customer:

yes

Customer:

ben can you help me or not not

Ben Jones :

if you were arrested then you are automatically ineligible to travel under ESTA and enter the USA visa-free. You would need to declare this and you would have to apply for a visa. So regardless of when the offence occurred or whether it would be considered sent i the UK, the US system does not allow you to travel under ESTA if you have been arrested so you would be required to apply for a visa to travel

Customer:

so the criminal conviction although spent never goes away ?

Ben Jones :

only for the purposes of travelling to the USA - they are not covered by the UK rules that make a conviction spent

Customer:

is Scottish law different ?

Customer:

even although it was 50 years ago ?

Customer:

even if it was 50 years ago, does it never go away ? i thought scottish law was different

Ben Jones :

no it is the same - none of the local laws would matter in this case - the US has its own rules for declaring offences and what make you eligible for visa-free travel and in this case if you were ever arrested you would need to declare it and apply for a visa. If you did not declare i then the chances of them finding out are very low but you would be lying so best not to do it

Customer:

even although it was 50 years ago and in Scotalnd

Ben Jones :

yes

Customer:

thanks c

Ben Jones :

you are welcome

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