By Matt Elkins, Solicitor Advocate and Director of Legisia Legal Services – published in the Criminal Law Review and author of the Westlaw UK Insight on Police Cautions.
Last updated: July 2026
If you have a criminal record, then you will probably know that you may have difficulties in travelling to, or settling, in the United States of America (USA).
The US is very strict about the information they need to know about, even when travelling on a short term ESTA. The ESTA form asks the following questions:
Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? Have you ever violated any law related to possessing, using, or distributing illegal drugs?
These questions are fairly broad and vague – and deliberately so. The US Embassy’s website expressly states that anyone who has been arrested, cautioned or convicted, should not travel on an ESTA:
https://uk.usembassy.gov/ineligibilities-and-waivers/
United States Visa & Green Card Applications with a Criminal Record
If you have a criminal record and wish to apply for a migrant Visa or Green Card (citizenship) to the United States, then depending on the type of criminal record you have, you may be deemed automatically ineligible.
If you are deemed to be automatically ineligible, depending on the type of visa and the criminal record you have, you may be able to apply for a “waiver of ineligibility“.
Does the Rehabilitation of Offenders Act apply to US visa applications?
No. The Rehabilitation of Offenders Act 1974 does not apply to United States visa law – the US Embassy in London confirms this expressly. A caution or conviction that is “spent” in the UK still counts for US immigration purposes, and must be considered when answering US visa and ESTA questions. This surprises many travellers: the UK concept of a spent record simply has no effect on the American side of the process.
This is one of the reasons deletion matters: a record that has been deleted from the Police National Computer is different in kind from one that is merely spent.
ACRO Police Certificates for US visa applications
If you apply for a US visa (rather than travelling under ESTA), you will need an ACRO Police Certificate. A police caution will normally be shown on a Police Certificate for either 5 or 10 years depending on the offence; after that period it is indirectly revealed as “No Live Trace” – which tells the consular officer that something exists on the Police National Computer. If you present a “No Live Trace” certificate, you will usually be asked to provide a complete copy of your criminal record.
If a caution or arrest record is deleted from the PNC before you apply, the Police Certificate will simply state “No Trace”. This is often the single most valuable step a person with a UK police record can take before a US application – see our caution removal and arrest record deletion services.
US Travel and UK Criminal Records: Frequently Asked Questions
Do I have to declare a UK caution on an ESTA application?
The current ESTA form asks two relevant questions: whether you have ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority; and whether you have ever violated any law related to possessing, using, or distributing illegal drugs. Note that the drugs question is particularly wide – it is not limited to arrests or convictions. Whether a particular UK caution requires a yes answer depends on the offence and the circumstances. Because a wrong answer can be treated by the US authorities as misrepresentation, with serious long-term immigration consequences, take specialist advice on your specific record before answering.
Can I travel to America with a police caution?
Many people with cautions do enter the US, but official UK police guidance notes that the Visa Waiver Programme is intended for travellers who have never been arrested or convicted, and US Embassy guidance directs people who have been arrested or cautioned to apply for a visa. The safest course depends on your record; deleting the caution from the PNC before travelling or applying changes the position significantly.
Does a spent caution count for US immigration?
Yes. The Rehabilitation of Offenders Act 1974 does not apply to US visa law, so a spent caution or conviction still counts for US immigration purposes.
Will the US authorities know about my caution?
US officials do not have direct routine access to the Police National Computer, but visa applicants must provide an ACRO Police Certificate, which will show a caution or indicate No Live Trace. Answering application questions untruthfully is treated as immigration fraud. If the record is deleted from the PNC first, the Police Certificate will state No Trace.
Can US immigration officials see my UK criminal record?
No – not directly. The Home Office has confirmed in correspondence with us that US immigration authorities have no direct access to the UK Police National Computer (PNC) or the Police National Database (PND). Information can, however, reach the US authorities in specific circumstances: through the “Five Eyes” intelligence-sharing partnership between the UK, US, Australia, Canada and New Zealand (for example Operation Angel Watch, which targets registered sex offenders travelling abroad); through case-by-case “legitimate requests” made to UK law enforcement for a policing purpose; and under the 2017 memorandum of understanding between the FBI and ACRO, under which details of US nationals convicted in the UK (and UK nationals convicted in the US) are exchanged.
The Home Office’s letter to us confirming the position – click the letter to open the full PDF.
In practice, the most common way the US authorities learn of a UK criminal record is disclosure by the traveller themselves – declaring it on an ESTA or visa application, or providing the ACRO Police Certificate required as part of a visa application. That is why deletion matters: if the record is deleted from the PNC before you apply, a Police Certificate will simply state “No Trace”.
Is the UK part of the Visa Waiver Program?
Yes. The UK participates in the US Visa Waiver Programme, which allows British citizens to visit the United States for up to 90 days for business or tourism without a visa, provided they hold a biometric passport and a valid ESTA. Approval is not automatic, however: the ESTA form asks about arrests and convictions for offences involving serious damage or harm, and about any drug-law violations – and because the Rehabilitation of Offenders Act 1974 does not apply to US immigration law, spent records still count. If you cannot truthfully answer “no” to those questions, the visa waiver route will usually be closed to you and you will need to apply for a full US visa, supported by an ACRO Police Certificate.
US Immigration Attorney and UK Criminal Lawyer
We have a close association with expert US immigration attorneys. We collaborate to ensure our clients stand the best chance of obtaining a US Visa or Green Card.
With our knowledge of UK criminal records and deletion law and procedure, and with our colleagues’ expertise in US immigration law, we are able to provide the best possible representation to anyone with a criminal record looking to live or travel to the United States
If you have a police record, we will explore the possibly of having your record deleted. We have extensive experience of deleting police records.
If your record can not be deleted, for example because you have convictions (as opposed to a caution or arrest record), we are often requested by our US based colleagues to uncover evidence that will support a US immigration application.
If you have any issues with respect to obtaining a United States Visa or Green Card related to a criminal record, then please get in touch.