Can I apply for an ESTA with a criminal record
Can you apply for an ESTA with a criminal record? Here are the official rules, exceptions, checks and when a visa is required to travel to the United States.
Minor offences, criminal record without violence: ESTA is often accepted.
Violence, drugs, fraud: ESTA is very often rejected → B2 visa required.
Many travellers wonder if it is possible to obtain ESTA when they have a criminal record. The electronic authorization for the United States imposes strict rules regarding past history, offences and convictions. Some situations do not prevent entry into the country, while others require you to apply for a B2 visa at a US consulate. In this comprehensive guide, you will find the official criteria, the most common cases (violence, drugs, fraud, driving offences, minor offences), reasons for rejection, and solutions for travelling in compliance with the rules.
🔍 The essentials: ESTA & criminal records
- ⚖️ Criminal record: not always a reason for refusal: Minor or old offences may still be compatible with ESTA.
- ⛔ Serious criminal conviction = B2 visa: Drugs, violence or fraud often result in ineligibility.
- 🔐 Honest declaration required: Hiding criminal history can lead to refusal of entry, even with a valid ESTA.
- 🚨 ESTA does not guarantee entry into the US: The CBP decides at the airport, regardless of criminal record.
Obtaining an ESTA with a criminal record is not impossible, but it depends on the nature, severity and age of the offences. The United States clearly distinguishes between minor offences, which may still allow travel, and serious convictions, which make ESTA criminal record cases ineligible.
Many travellers ask: “can you get an ESTA with a criminal record?” The answer depends on how the US interprets your history and potential risk.
ESTA requires all Visa Waiver Programme travellers to answer a set of criminal record ESTA questions. These include questions about violence, drug-related offences, fraud, harmful behaviour, and other risk factors.
The US authorities do not automatically access the UK criminal record database, which is why many travellers wonder “does ESTA check UK criminal records”, but they do analyse the consistency between your answers, your travel history and the information linked to your passport.
What the US checks most importantly:
Many UK travellers wonder: does ESTA check UK criminal records?
The answer is no — ESTA does not perform a direct background check in ACRO, DBS or police systems.
However, the US can detect issues through:
This means ESTA criminal record UK cases are usually evaluated based on honesty, not on direct access to UK files. Lying may lead to instant refusal.
👉 The key point: ESTA checks your honesty, not your full UK criminal record.
The United States is primarily concerned with serious criminal offences, such as:
Conversely, certain situations rarely create issues:
ESTA is not a visa, but a pre-authorization to board.
Before allowing a traveller to board a plane to the United States, the DHS (Department of Homeland Security) must ensure:
It is therefore better to provide accurate and honest answers than to omit information, which could lead to immediate refusal at the airport by CBP (lying about criminal record on ESTA).
Not all offences are considered equal by the US authorities (ESTA criminal record).
Some do not prevent you from obtaining ESTA, while others automatically lead to a rejection, even if the offences were committed a long time ago.
Here is a detailed analysis.
Many travellers believe that a simple criminal record automatically blocks ESTA. This is false, and many people wrongly assume they cannot apply for an ESTA with a criminal record.
Offences that are generally compatible:
These cases do not pose a security risk and do not always compromise the application.
Many travellers ask whether ESTA criminal record under 18 cases are treated differently.
In most situations, offences committed as a minor are not judged as strictly, especially if they were non-violent or isolated. The US focuses mainly on risk and intent, not on teenage mistakes.
However, serious offences committed under 18 — such as violence, drug trafficking or aggravated fraud — may still require a B2 visa instead of ESTA.
Certain situations are almost always incompatible with ESTA, especially when assessing an ESTA criminal record application:
In these cases, ESTA will be rejected, and the traveller will be required to apply for a B2 visa with a consular interview.
The United States has a virtually zero tolerance policy for drug-related offences, which is one of the most frequent causes of ESTA criminal record refusals.
Even an old offence can be problematic.
Particularly sensitive cases include:
⚠️ A history of narcotics offences is one of the major reasons for ESTA rejection.
Any history involving violence is of concern to the DHS and often leads to an ESTA and criminal record ineligibility assessment.
The authorities examine:
A traveller who has been convicted of violence should expect a systematic refusal and will have to apply for a B2 visa.
Financial crimes or theft indicate to the US authorities a risk of non-compliance with the rules and often affect the outcome of an ESTA criminal record UK evaluation.
Problematic offences:
Only certain minor thefts, committed a long time ago, may still be acceptable depending on the circumstances.
The United States always looks at the date of the offence, which is particularly relevant for applicants concerned about an ESTA criminal record under 18.
A serious offence remains serious, but a minor offence dating back 10 or 15 years, with no repeat offences, may be less problematic.
The age of the offence mitigates:
Intermediate or non-conviction legal situations often create confusion when applying for ESTA. The US authorities do not rely solely on the ‘technical’ criminal record, but on the reality of the facts and the level of risk associated with the traveller.
Here is how they interpret the most common cases:
🔹 Simple suspended sentence or suspended sentence with probation
A suspended sentence means that the conviction legally exists, even if the sentence has not been served.
👉 For the US, a suspended sentence remains a criminal conviction, and is therefore potentially problematic depending on:
- the nature of the offence,
- how recent the events are,
- the presence of violence, drugs or fraud.
🔹 Acquittals and dismissals
If you have been acquitted or dismissed, there is no conviction, and these situations rarely affect whether you can get an ESTA with a criminal record.
👉 This type of record does not affect ESTA, except in rare cases where the events were related to security or terrorism.
🔹 Case dismissed
A case dismissal does not result in any entry in the B2 record, and the events are not considered proven, making it unlikely to impact an ESTA and criminal record review.
👉 The United States generally does not take into account a case dismissal.
The traveller is considered not convicted.
🔹 Amnesty or expungement
An amnesty or automatic expungement (rehabilitation) removes the conviction from the criminal record, but may still be taken into account during an ESTA criminal record UK assessment.
👉 But be careful: for the United States, an amnestied offence remains a historical fact, even if it no longer appears officially.
You must therefore answer according to the material truth of the facts, not just according to the current status of your record.
Here is what we observe in practice:
When a traveller has a criminal record or history, the temptation to ‘simplify’ the truth on the ESTA form may seem reassuring. However, this is one of the most serious mistakes you can make, particularly in cases involving lying about criminal record on ESTA. The United States places crucial importance on honesty, even more so than on the nature of the offences themselves. Lying can have consequences far more serious than simply being ineligible: denied boarding, entry ban, cancellation of authorization, and a lasting impact on all your future visa applications.
When you submit an ESTA application, you certify that all the information is true. A false declaration is perceived as a high risk, regardless of the reason for the omission or oversight, and it often leads to an immediate ESTA criminal record refusal.
Possible consequences:
Most importantly, even if a criminal record would not have prevented you from obtaining ESTA, the simple fact of having lied is enough to block access to US territory.
Even with an approved ESTA, the final decision rests with CBP (Customs and Border Protection) at the airport.
If a border agent detects an inconsistency between:
They can immediately:
The US takes false statements very seriously, viewing them as an attempt at immigration fraud, even if the original offence was minor.
A lie detected on an ESTA leaves a lasting mark in US systems. When you apply for a visa in the future (B2, ESTA, work, study, transit, etc.), consular officers will analyse:
In many cases, a traveller who has lied on the ESTA must then prove:
For some, this can result in repeated visa rejections for several years.
👉 In summary: it is better to declare a criminal record honestly than to lie in the hope of going unnoticed.
Certain situations make ESTA clearly inapplicable, regardless of the age or context of the facts. The United States then requires the use of a B2 visa (tourism), which takes longer to obtain but is suitable for travellers with a criminal record or a significant criminal conviction.
This process includes a face-to-face interview at the consulate, allowing you to explain your background and present your travel plans.
You will need to apply for a B2 visa if you have been involved in:
As soon as an offence is considered a potential risk, ESTA becomes impossible and a B2 visa is the only option.
The interview at the US consulate is not a court of law: it is not a matter of re-judging the facts, but of assessing your current reliability, particularly in cases where travellers previously questioned whether they could get an ESTA with a criminal record.
To maximise your chances:
Consular officers value consistency and good faith. A calm and sincere attitude yields much better results than an attempt at excessive justification, especially for applicants transitioning from an ESTA and criminal record refusal to a visa application.
Depending on the nature of the offence, it may be useful or necessary to provide:
These factors will reassure the consular officer of your current reliability.
The average processing time for a B2 visa varies from country to country, but generally takes:
The chances of acceptance are good for travellers who have:
They are lower for serious offences related to drugs or violence, especially if they are recent.
🧭 Conclusion
If you have a criminal record, it is important to be transparent and choose the appropriate procedure — ESTA when possible, B2 visa when necessary — especially for travellers researching ESTA and criminal record guidance.
Find out if your question has been answered in the list below
Yes, it is still possible depending on the nature of the offences. Minor, old or non-violent offences do not always prevent you from obtaining an ESTA, even if many travellers wonder can you get an ESTA with a criminal record. However, serious offences (drugs, violence, fraud) generally require you to apply for a B2 visa. The important thing is to be transparent and choose the procedure appropriate for your situation.
No, ESTA does not require you to provide a criminal record extract. You simply need to answer the security questions on the form honestly, especially the criminal record ESTA questions. However, in the event of a serious criminal record or a subsequent application for a B2 visa, a criminal record extract may be useful to clarify your situation with the consulate.
ESTA does not have direct access to French criminal records. It relies on US databases and the information you provide — which is why many travellers ask does ESTA check UK criminal records or similar questions. In the event of inconsistencies, false answers or perceived risk, ESTA may be rejected. Honesty is essential: a false declaration causes more problems than a declared criminal record.
Minor offences (fines, non-violent crimes, old offences) may be compatible with ESTA, especially in an ESTA criminal record evaluation. Conversely, serious offences such as violence, fraud or drugs almost always result in being rejected. The US authorities primarily assess the risk, the seriousness of the offences and how long ago they occurred before granting a traveller authorization to enter the United States.
Yes. An ESTA can be rejected even without a criminal record if your profile presents a migration risk, inconsistencies in your answers, a security issue or a history in US databases. This surprises many applicants who search can I apply for an ESTA with a criminal record, but the absence of a record does not guarantee acceptance: the DHS may reject authorization for any factor deemed sensitive.