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Criminal record?
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16-07-2011 1:15pm#1
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But the questions asks have you ever been arrested or convicted so how can it go against you if you haven't?
This is for the ESTA right ?
Re-read the question :
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
You answer "no" to anything that doesn't involve moral turpitude (not always an easy thing to define I grant you).0 -
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What i mean is if it is defined as moral turpitude but you weren't arrested or convicted of it? How do americans define arrest?
I'm pretty sure like we do. To have been arrested you would have been told that you were being arrested.
If you weren't arrested or convicted of anything then there is nothing to worry about. The US has zero access to Irish criminal records unless by request.
Believe me, the US aren't interested in the fact that a garda took down your name and we get 100's of people each year asking the same question as you who don't seem to have any problems in getting in.0 -
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If what you are saying is true then you could just answer no even if you have a string of convictions and still get in. That doesn't make any sense
It's how it's always worked, as a trust-based system with the knowledge that should you break that trust then you don't get another 'go' at getting into the country. Don't believe that the USA is this all-powerful beast which has the power to do whatever it likes.
They can request records but they need to have a case to prove first and the matter is handled by Interpol.
believe me, they have much, much more important things to be doing than asking the Garda if they spoke to a chap who was drunk because he want's to visit the USA. And even if they did have access to Pulse it wouldn't make any difference. Had you been caught and convicted for drunk-driving and Homeland security knew this it still wouldn't matter as it's not a crime that prevents you from getting the ESTA
This site has a lot of the information that you may be interested in...
European Court Rejects Data Transfer to US.
The European Court of Justice has just ruled that the 2004 airline passenger data transfer agreement (pdf) between the U.S. Department of Homeland Security and the European Union is to be voided after September 30, 2006. The Court held that the agreement was illegal because it exceeded the scope of the EU 1995 Directive on data protection, which excludes operations concerning public security, defense, state criminal law and state security. Since the framework for data transfer was dictated by public authorities, and amounted to processing operations concerning public security, the Court held that the Commission lacked legal competence under the Directive to address public and state security issues. Privacy International describes the holding as a "pyrrhic victory" because the Court ruled on the basis of legal authority, and did not address the privacy implications of the transfer of the personal data to the U.S. The European Data Protection Supervisor is concerned that the ruling has created a loophole because it is uncertain that the Directive protects data collected for commercial reasons but used for police matters. (May 30)0 -
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