If you have ever been arrested, cautioned and/or convicted of an offense anywhere in the world, you are required to declare it when applying for a visa. In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even if your arrest or conviction is considered spent, you are still require to declare it and furnish an ACRO Police Certificate when applying for a visa.
Documents relating to your arrest, caution, conviction
You are required to furnish an ACRO Police Certificate issued within 6 months of the date of the visa interview. Information on obtaining the police certificate is available from the ACPO Criminal Records Office (ACRO) website. This police certificate covers the whole of the United Kingdom of Great Britain and Northern Ireland.
You are also required to complete the personal data form VCU1 (PDF / 3 pages), and should provide as much detail as possible concerning your arrests/cautions/convictions, including those in a third country.
Offenses committed in the United States
If you were arrested and/or convicted of an offense in the United States, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offense(s) committed or which are currently pending against you, if relevant, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you are no longer in possession of these documents, you may submit a sworn statement which gives the reason and location of the arrest, state and county. If you do not know the address of the court, the information is available from the internet at http://www.uscourts.gov/ . You are also required to obtain a Police Certificate from ACRO issued within 6 months of the visa interview.
Offenses committed in a country other than the United States or the United Kingdom
If you were arrested and/or convicted of an offense, you are required to obtain a court record from the court(s) in which you were tried. Such court records must show the nature of the offense(s) committed, or which are currently pending against you, if relevant, the section(s) of law contravened and the actual penalty imposed. If the arrest did not result in a conviction, you may submit with your application the documents relating to the arrest. If you are no longer in possession of these documents, you may submit a sworn statement which gives reason and location of the arrest, state and county. You are also required to obtain a Police Certificate from ACRO issued within 6 months of the visa interview.
