travel to america with criminal record

Can I Enter the USA with a Criminal Record?

If you have a criminal record and are planning to travel to the United States of America you might face difficulties when applying for a tourist visa or an ESTA visa waiver , or when entering the country. However, this is not to say it is impossible.

Individuals convicted of crimes of moral turpitude will not be treated the same as those who have misdemeanor charges such as “Driving under Influence” (DUI). Whether you will be granted an ESTA or a visa depends entirely on the details of your criminal history .

This article explains the types of crimes that are unlikely to affect a traveler’s chances of being granted access to the United States and serious crimes that could be problematic.

Can I Go on Holiday to America with a Criminal Record?

It is possible to go on vacation to the U.S. with a criminal record for a minor offense.

Criminal convictions for the following misdemeanours are unlikely to result in denial of entry or a visa/ESTA application rejection:

• Drinking and Driving / Driving under the influence
• Illegal trespassing

A single non-serious crime is not, in most cases, sufficient grounds for denial of entry. However, if you have committed these crimes repeatedly, then entry/visa/ ESTA rejection is possible.

Having a criminal record does automatically make an individual ineligible for ESTA: cases are assessed on an individual basis and depend on the specific nature of the offense(s): Drug convictions are very likely to cause an application to be rejected.

Offenses classified as crimes of moral turpitude by the U.S. government

Crimes of moral turpitude can generally be divided into the following categories:

Crimes against Property

Crimes against property include:

Crimes against governmental authority

Offenses in this category classed as CMT include:

• Mail/wire fraud
• Tax evasion

Personal, relationship and sexual crimes

This is one of the largest categories of crimes of moral turpitude and covers offenses such as:

• Abandonment of a child
• Gross indecency
• Manslaughte

Aiding and abetting, conspiracy

This category covers criminal records obtained for playing some role in a serious crime or attempted serious crime:

• Accessory to a CMT
• Aiding and abetting a CMT
• Attempt to commit a CMT
• Taking part in a conspiracy to commit a CMT

Crimes of various nature may be included in the list in one country, while in a different country the classification may be different. Nevertheless, all travelers with a criminal record must bear in mind that the essential regulations are those of the United States . For this reason, it is advisable to seek advice from an attorney at law if hoping to travel to the US with a criminal record for a crime of moral turpitude.

Travelling to America with a Criminal Record

All convictions must be declared , and all answers to the related ESTA / Visa application questions must be honest and truthful. Failing to do so will lead to severe consequences should a U.S. immigration officer determine fraud has been committed by omitting or lying about their criminal history. Substantial penalties and legal action will follow.

If you are from a country, such as the United Kingdom, where the law allows you to avoid full disclosure of some criminal convictions, note that making a visa or an ESTA application for the United States waives all such rights.

All applicants, regardless of their nationality, must disclose any past and/or present criminal information fully. Those who are applying for a tourist visa for the USA will go through the official interview stage. Should you have a criminal record, you will be required to show official documentation related to the conviction during the interview process.

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• Travelling to the US – Will I get a visa?

Our mission is to support & advocate for people with criminal records to be able to move on positively in their lives. Find out more

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• Aim of this page

Why is this important?

How do the embassy make their decision, deciding to issue a visa, waivers of ineligibility, what it looks like in your passport if you get a visa, personal experiences, discuss this with others, useful links, more information, get involved, aim of this information.

This section looks at how the Embassy makes their decision to either issue a visa or decline the application; it also provides examples of some success stories.

It forms part of our information on travelling to the US including:

• Do I need a visa?
• Travelling without a visa
• Will I get a visa?

Once you’ve submitted your visa application and attended the interview at the embassy the next step will be waiting to find out whether your application has been successful. Consular officers at the embassy probably won’t tell you on the day of the interview what their decision is likely to be. It helps to have an understanding of what factors they take into account when making a decision in order that you’re able to address any concerns they may have when you attend the interview. It is also important to know what options are open to you if you are found to be ‘permanently ineligible’.

Who is regarded as ineligible for a visa?

If you are ineligible to travel under the Visa Waiver Programme (VWP) then you will generally be regarded as being ineligible for a visa. However, the interview at the embassy will give you the opportunity for your case to be assessed by a consular officer.

For further information on those who are normally ineligible, see the Bureau of Consular Affairs website. This refers to section 212 of the Immigration and Nationality Act.

Who is likely to be granted a visa?

The consular officer will take certain important factors into consideration such as:

• the egregiousness (offensiveness or seriousness) of the crime
• the severity of the penalty
• other criminal activity
• how much time has elapsed between the time the offence was committed and the visa application.

The emphasis of the interview from your position should be to persuade the interviewing officer that you are an upstanding member of society who would not engage in further criminal activity within the US. For further information on how you can increase your chances of being successful go to our Information hub page, Travelling to US – Applying for as visa – STEP 5 – Attend the interview .

Below you will find links to various guidelines by the US authorities for dealing with applications. However, these are very much discretionary, and do not amount to blanket policies, hence the reason for an interview at the US Embassy. The US Department of State Foreign Affairs Manual Volume 9 – Visas also contains some useful information about how the US makes their decision as to whether to grant a visa, but very often it will simply be a case of making an application and awaiting the decision.

Generally inadmissible (1) – Crimes involving moral turpitude

The Immigration and Nationality Act states that, in general, anybody convicted of, or who admits to committing, or acts which constitute the essential elements of a crime involving moral turpitude (other than a purely political offence), is inadmissible.

There is an exception to this general inadmissibility if you have committed a crime involving moral turpitude where you only committed one crime and either:

• The crime was committed when you were under 18 years of age, and the crime was committed (and you were released from any prison sentence imposed for the crime) more than 5 years before the date of application for a visa; or
• The maximum penalty possible for the crime that you were convicted of did not exceed imprisonment for one year and you were not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Generally inadmissible (2) – Crimes involving controlled substances

The Immigration and Nationality Act states that, in general, anybody convicted of an offence relating to a controlled substance is inadmissible.

Generally inadmissible (3) – Convicted of two or more offences

You are generally inadmissible if you have been convicted of 2 or more offences (other than purely political offences), regardless of whether the conviction was in a single trial or whether the offences involved moral turpitude, for which the total aggregate sentences to prison were 5 years or more.

Having reviewed the information you’ve submitted and taken into account the details provided at the interview, the consular officer at the embassy will make a decision on whether to issue you with the visa you have applied for.

If you are successful, the consular officer will inform you verbally that:

• They will be granting you a visa; or
• They will be recommending you to the United States Department of Homeland Security Customs and Border Protection (DHSCBP) for a waiver of ineligibility.

If the consular officer decides that you are ineligible to receive a visa, your application will be denied. You will be informed verbally and in writing of the reason for the denial based on the applicable section(s) of law.

If the US Embassy finds you permanently ineligible to receive a visa, it will mean a lifetime exclusion from the United States unless you obtain a waiver of ineligibility from the United States Department of Homeland Security Customs and Border Protection.

The granting of a waiver by the US authorities is not automatic and is based on several factors, including nature of the crime committed, sentence served and the period of time which has elapsed since the conviction.

How do I get a waiver of ineligibility?

If a favourable recommendation is made to the DHSCBP for a waiver of ineligibility by the US Embassy, the application will take a minimum of eight weeks to process; some applications may take longer.

The Immigration and Nationality Act provides for waivers of ineligibility for visas and inadmissibility to the US for most non-immigrant visa classifications. The statute confers upon consular officers the discretionary function of recommending waivers of ineligibility to Department for Homeland Security (DHS), which has sole authority for granting or denying waivers. If a waiver if not recommended to DHS, a waiver will not be granted and the non-immigrant visa sought will not be issued.

In deciding whether or not to recommend a waiver, consular officers will consider the following factors, amongst others:

• The recency and seriousness of the activity or condition resulting in your inadmissibility;
• The reasons for the proposed travel to the US; and
• Any effect, positive or negative, of the planned travel on US public interests.

How do I apply for a waiver of ineligibility?

If you are inadmissible due to having committed a crime involving moral turpitude, you can apply for a waiver of ineligibility under Section 212(h) of the Immigration and Nationality Act if you can establish that:

• (a)  The activities for which you are excluded occurred more than 15 years before the date of your application for a visa; (b)  Your admission to the US would not be contrary to the national welfare, safety or security; and (c)  You have been rehabilitated; or
• In certain cases involving close relatives (see below); or
• If you are a Violence Against Women Act (VAWA) self-petitioner

No waiver shall be provided to those who have been convicted of (or has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.

More information about waivers of ineligibility is available here .

Close relatives 

If you are the spouse, parent, son or daughter of a US citizen or an individual lawfully admitted for permanent residence in the United States, you may apply for a waiver if:

• It is established to the Secretary of Homeland Security’s (DHS) satisfaction that denial of admission would result in extreme hardship to the US citizen or lawfully resident spouse, parent, son or daughter; and
• The Secretary of Homeland Security (DHS) has consented to the application or reapplication for a visa for admission or adjustment of status to the United States.

Feedback that we’ve received about successful visa applications include:

I received a caution for possession of a controlled substance (Class A) in 2009. By mid-2010, I had applied for and been granted a visa which was valid for 10 years. I went suited and booted and they just asked me whether I was still misusing drugs. I think possession is extremely minor in the spectrum of drugs-related offences.

After my last visa attempt in London two years ago, I bit the bullet and tried again for my B2 visa applying to the US Consulate in Belfast. I arrived early and after being searched I walked to the back of the building and into a small office with three counters and an interview booth. I passed all my documents over and about 20 minutes later I was called to the interview booth and greeted by a really friendly American lady. She asked me lots of questions all the time typing away at her screen. Eventually she thanked me for being so upfront and honest and said “its my decision to grant you your visa for 10 years.” Now I’m just waiting for my passport to come back.

Just had my visa interview. I arrived early and made sure I dressed in a suit and tie. I gave all my documents to an official for registration and 30 minutes later I was called to a booth to speak with a US Immigration Officer. She asked me why I was travelling to the US and she wanted more details about my two convictions. She then told me to wait while she went to “check something”. Five minutes later she came back and said “Everything is fine, your visa has been approved”.  I won’t believe that I’ve overcome every hurdle until I set foot on American soil.

The personal stories below have been posted on theRecord , our online magazine.

Embassy interview to travel to the US

USA – here I come (at the second time of asking)

Read and share your experiences on our online forum .

Key sections include:

• Applying for a visa

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here .

• US Embassy and Consulates in the UK – Provides information and advice on the visa application process
• For practical information – More information on travelling to the US
• To read personal stories – You can read stories about this posted on theRecord, our online magazine under the tag of travelling to the USA
• To discuss this with others – Read and share your experiences on our online forum
• Questions – If you have any questions about this, you can contact our helpline .

Help us to add value to this information. You can:

• Send your feedback directly to us
• Discuss your views and experience with others on our online forum
• Share your story by contributing to our online magazine, theRecord .

This page was last fully reviewed and updated in August 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to [email protected] .

Thank you for your the Waiver of Ineligibility information provided here. It has added to my knowledge, and the process, on the subject. Thanks aslo, to those who gave their Testimonials. This has given me great hope.

I overstayed in the covid time (on a B1/B2 visa). When I tried to return Dec ’23 they turned me around, and since then the US Embassy has confirmed the bar. I don’t know how long the appropriate time to wait is, but I shall look into the waiver

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Frequently Asked Questions: Guidance for Travelers to Enter the U.S.

Updated Date: April 21, 2022

Since January 22, 2022, DHS has required non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide proof of vaccination upon request.  On April 21, 2022, DHS announced that it would extend these requirements. In determining whether and when to rescind this order, DHS anticipates that it will take account of whether the vaccination requirement for non-U.S. air travelers remains in place.

These requirements apply to non-U.S. individuals who are traveling for essential or non-essential reasons. They do not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.

Effective November 8, 2021, new air travel requirements applied to many noncitizens who are visiting the United States temporarily. These travelers are also required to show proof of COVID-19 vaccination. All air travelers, including U.S. persons, must test negative for COVID-19 prior to departure. Limited exceptions apply. See  CDC guidance  for more details regarding air travel requirements.

Below is more information about what to know before you go, and answers to Frequently Asked Questions about cross-border travel.

Entering the U.S. Through a Land Port of Entry or Ferry Terminal

Q. what are the requirements for travelers entering the united states through land poes.

A:  Before embarking on a trip to the United States, non-U.S. travelers should be prepared for the following:

• Possess proof of an approved COVID-19 vaccination as outlined on the  CDC  website.
• During border inspection, verbally attest to their COVID-19 vaccination status. 
• Bring a  Western Hemisphere Travel Initiative  compliant border crossing document, such as a valid passport (and visa if required), Trusted Traveler Program card, a Department of State-issued Border Crossing Card, Enhanced Driver’s License or Enhanced Tribal Card when entering the country. Travelers (including U.S. citizens) should be prepared to present the WHTI-compliant document and any other documents requested by the CBP officer.

 Q. What are the requirements to enter the United States for children under the age of 18 who can't be vaccinated?

A:  Children under 18 years of age are excepted from the vaccination requirement at land and ferry POEs.

Q: Which vaccines/combination of vaccines will be accepted?

A:  Per CDC guidelines, all Food and Drug Administration (FDA) approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the World Health Organization (WHO), will be accepted.

Accepted Vaccines:

• More details are available in CDC guidance  here .
• 2 weeks (14 days) after your dose of an accepted single-dose COVID-19 vaccine;
• 2 weeks (14 days) after your second dose of an accepted 2-dose series;
• 2 weeks (14 days) after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial;
• 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart.

Q. Is the United States requiring travelers to have a booster dose to be considered fully vaccinated for border entry purposes?

A:  No. The CDC guidance for “full vaccination” can be found here.

Q: Do U.S. citizens or lawful permanent residents need proof of vaccination to return to the United States via land POEs and ferry terminals?

A:  No. Vaccination requirements do not apply to U.S. citizens, U.S. nationals, or Lawful Permanent Residents (LPRs). Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation.

Q: Is pre- or at-arrival COVID testing required to enter the United States via land POEs or ferry terminals?

A: No, there is no COVID testing requirement to enter the United States via land POE or ferry terminals. In this respect, the requirement for entering by a land POE or ferry terminal differs from arrival via air, where there is a requirement to have a negative test result before departure.

Processing Changes Announced on January 22, 2022 

Q: new changes were recently announced. what changed on january 22.

A:  Since January 22, 2022, non-citizens who are not U.S. nationals or Lawful Permanent Residents have been required to be vaccinated against COVID-19 to enter the United States at land ports of entry and ferry terminals, whether for essential or nonessential purposes. Previously, DHS required that non-U.S. persons be vaccinated against COVID-19 to enter the United States for nonessential purposes.  Effective January 22, all non-U.S. individuals, to include essential travelers, must be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request. DHS announced an extension of this policy on April 21, 2022.

Q: Who is affected by the changes announced on January 22?

A: This requirement does not apply to U.S. citizens, U.S. nationals, or U.S. Lawful Permanent Residents. It applies to other noncitizens, such as a citizen of Mexico, Canada, or any other country seeking to enter the United States through a land port of entry or ferry terminal.

Q: Do U.S. citizens need proof of vaccination to return to the United States via land port of entry or ferry terminals?

A: Vaccination requirements do not apply to U.S. Citizens, U.S. nationals or U.S. Lawful Permanent Residents. Travelers that exhibit signs or symptoms of illness will be referred to CDC for additional medical evaluation. 

Q: What is essential travel?

A:  Under the prior policy, there was an exception from temporary travel restrictions for “essential travel.” Essential travel included travel to attend educational institutions, travel to work in the United States, travel for emergency response and public health purposes, and travel for lawful cross-border trade (e.g., commercial truckers). Under current policy, there is no exception for essential travel.

Q: Will there be any exemptions? 

A: While most non-U.S. individuals seeking to enter the United States will need to be vaccinated, there is a narrow list of exemptions consistent with the Centers for Disease Control and Prevention (CDC) Order in the air travel context.

• Certain categories of individuals on diplomatic or official foreign government travel as specified in the CDC Order
• Children under 18 years of age;
• Certain participants in certain COVID-19 vaccine trials as specified in the CDC Order;   
• Individuals with medical contraindications to receiving a COVID-19 vaccine as specified in the CDC Order;
• Individuals issued a humanitarian or emergency exception by the Secretary of Homeland Security;
• Individuals with valid nonimmigrant visas (excluding B-1 [business] or B-2 [tourism] visas) who are citizens of a country with limited COVID-19 vaccine availability, as specified in the CDC Order
• Members of the U.S. Armed Forces or their spouses or children (under 18 years of age) as specified in the CDC Order; and
• Individuals whose entry would be in the U.S. national interest, as determined by the Secretary of Homeland Security.

Q: What documentation will be required to show vaccination status?

A:  Non-U.S. individuals are required to be prepared to attest to vaccination status and present proof of vaccination to a CBP officer upon request regardless of the purpose of travel.

The current documentation requirement remains the same and is available on the CDC website . Documentation requirements for entry at land ports of entry and ferry terminals mirror those for entry by air.

Q: What happens if someone doesn’t have proof of vaccine status?

A: If non-U.S. individuals cannot present proof of vaccination upon request, they will not be admitted into the United States and will either be subject to removal or be allowed to withdraw their application for entry.

Q: Will incoming travelers be required to present COVID-19 test results?

A: There is no COVID-19 testing requirement for travelers at land border ports of entry, including ferry terminals.

Q: What does this mean for those who can't be vaccinated, either due to age or other health considerations? 

A: See CDC guidance for additional information on this topic. Note that the vaccine requirement does not apply to children under 18 years of age.

Q: Does this requirement apply to amateur and professional athletes?

A: Yes, unless they qualify for one of the narrow CDC exemptions.

Q: Are commercial truckers required to be vaccinated?

A: Yes, unless they qualify for one of the narrow CDC exemptions. These requirements also apply to bus drivers as well as rail and ferry operators.

Q. Do you expect border wait times to increase?

A:  As travelers navigate these new travel requirements, wait times may increase. Travelers should account for the possibility of longer than normal wait times and lines at U.S. land border crossings when planning their trip and are kindly encouraged to exercise patience.

To help reduce wait times and long lines, travelers can take advantage of innovative technology, such as facial biometrics and the CBP OneTM mobile application, which serves as a single portal for individuals to access CBP mobile applications and services.

Q: How is Customs and Border Protection staffing the ports of entry? 

A: CBP’s current staffing levels at ports of entry throughout the United States are commensurate with pre-pandemic levels. CBP has continued to hire and train new employees throughout the pandemic. CBP expects some travelers to be non-compliant with the proof of vaccination requirements, which may at times lead to an increase in border wait times. Although trade and travel facilitation remain a priority, we cannot compromise national security, which is our primary mission. CBP Office of Field Operations will continue to dedicate its finite resources to the processing of arriving traffic with emphasis on trade facilitation to ensure economic recovery.

Q: What happens if a vaccinated individual is traveling with an unvaccinated individual?  

A:  The unvaccinated individual (if 18 or over) would not be eligible for admission.

Q: If I am traveling for an essential reason but am not vaccinated can I still enter?

A:  No, if you are a non-U.S. individual. The policy announced on January 22, 2022 applies to both essential and non-essential travel by non-U.S. individual travelers. Since January 22, DHS has required that all inbound non-U.S. individuals crossing U.S. land or ferry POEs – whether for essential or non-essential reasons – be fully vaccinated for COVID-19 and provide related proof of vaccination upon request.

Q: Are sea crew members on vessels required to have a COVID vaccine to disembark?

A:  Sea crew members traveling pursuant to a C-1 or D nonimmigrant visa are not excepted from COVID-19 vaccine requirements at the land border. This is a difference from the international air transportation context.

Entering the U.S. via Air Travel

Q: what are the covid vaccination requirements for air passengers to the united states  .

A:  According to CDC requirements [www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html | Link no longer valid], most noncitizens who are visiting the United States temporarily must be fully vaccinated prior to boarding a flight to the United States. These travelers are required to show proof of vaccination. A list of covered individuals is available on the CDC website.  

Q: What are the COVID testing requirements for air passengers to the United States?  

A:  Effective Sunday, June 12 at 12:01 a.m. ET, CDC will no longer require pre-departure COVID-19 testing for U.S.-bound air travelers.

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US Entry Waiver: How do you enter the USA with a criminal record?

by AllCleared | May 18, 2018

In order to enter the USA with a criminal record , you will usually need a US Entry Waiver. However, not every type of conviction requires a waiver, so if you have never been denied entry to the US, contact us first for a free consultation before applying.

If you have been denied or you already know you are inadmissible here’s how to get a US Entry Waiver to enter the US with a criminal record.

How to get a US Entry Waiver

Certified criminal record check.

First, you will need to get your fingerprints taken for the purpose of a waiver. This will allow you to get your certified criminal record from the RCMP . The RCMP requires your fingerprints to access the national database of criminal records. This helps to ensure that there are no instances of mistaken identity and the proper record is released.

Court documents

If you are doing the application yourself or working with a company other than AllCleared, you will need to wait for the record to come back before you can get your court documents.

If you choose AllCleared, we can expedite your request through our police partnership . This will save you up to four months on your application .

Personal statement

If you have a criminal record, the Department of Homeland Security (DHS)  requires a “ letter of circumstances .” This explains what happened that led to you committing a criminal offence. You will also talk about how you have changed and include information about why you want to travel to the US. For example, you may want to travel to:

• See family members
• Attend a conference
• Take the kids to Disney
• Stopover in the US on your way to other places

Whatever the reason is, the government wants to know that you have a valid reason for visiting and are not likely to overstay.

Supporting documents

Other documents you may require are:

• Letters of reference
• Proof of employment or income if you are retired or self-employed
• Drug tests if applicable
• Proof of citizenship

For Canadians with criminal records, the appropriate forms are the I-192 Form and the G-325A Form.

How to apply

Once you have gathered all the documents for your application, you need to attend a land border crossing or international airport. There you will submit the package and your $585 USD application in person to a US Customs and Border Protection (CBP) officer. Not all international airports and land crossings have the ability to accept your application.

If you work with us, we will provide you with a list, or you can get it from the CBP website.

You should call before you go. They may require you to make an appointment. The officer you speak to will not be making the decision on your application. He or she will forward it to the DHS for a decision which usually takes four to eight months, but can take up to a year.

AllCleared is here to walk you through the process and to ensure that all steps are met. Don’t risk a denied application due to missed steps or inadequate information. Contact AllCleared for a free consultation on how we can help you enter the US with a criminal record at 1-866-972-7366.

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Traveling to The US With A Criminal Record: What to Expect

Everybody loves a smooth journey, particularly when traveling internationally . The United States is not merely a tourist destination; many individuals travel for school, jobs, business, and medical reasons.

However, the US has a strict border admission method, and a few matters, including a criminal past, can prevent you from coming into. If you or a loved one is visiting the US with a criminal record, keep reading. We will offer a comprehensive guide on what you need when traveling with a criminal record, including what convictions stop you from entering America or offenses the country deems serious.

Get Informed

Getting informed is one of the most crucial recommendations on any traveler’s checklist . You must inquire with the US embassy or consulate in your country concerning the choices available for those who need to travel with a criminal record. So, before making any plans like booking flights, gather all the info you will need to enter the nation safely and easily.

Offenses that can prevent entry

A criminal conviction is not the only factor that might keep you from entering the United States. Even though you have never been convicted of a crime, some transgressions, such as the ones listed below, can prevent you from entering the nation.

• If you were caught without a visa and deported.
• If you have ever been convicted of more than two offenses and have spent at least five years in prison.
• If you have broken rules and restrictions on prohibited substances. This felony includes any type of trafficking or crime of this nature.
• If you have committed a crime of moral turpitude, which includes money laundering, prostitution, passing wrong inspections, benefit fraud, sexual violence of any nature, aggravated assault, tax evasion, driving under the influence, bribery burglary, assault intended to do serious harm, theft, and any major criminal activity.

Fortunately, there are certain exceptions applied when entering the country.

• If you were sentenced, convicted, and served jail time for less than a year even if the sentence was longer.
• If you committed the crimes of moral turpitude shown above when you were below 18.
• If the crimes you committed below 18 were done more than 5 years ago.
• If you were convicted of driving under the influence.
• If you were arrested but not convicted.
• If you were convicted but acquitted.

Nonetheless, if you have multiple convictions for crimes like driving while drunk and other crimes of moral turpitude, you will be denied entry to the US. Even with a pardon, the US still treats such crimes like criminal convictions, and this may still prevent entry into the country. Keep this in mind when traveling to the US with a criminal record.

Getting an ESTA with a criminal record

If you belong to a member country of the Visa Waiver Program, you can apply for an ESTA. An ESTA is an automated document given to eligible US travelers in the VWP. The application process collects relevant bio-data and asks specific eligibility questions to determine if you can get the ESTA.

Questions asked concerning criminal activities involve:

• If you have participated or plan to participate in activities such as terrorism, sabotage, espionage, or genocide.
• If you have once committed serious damage to property, or harm to another person and have been arrested or convicted of it.
• If you have committed crimes like fraud or misrepresentation when getting a US visa for yourself or another person.
• If you have once violated laws on the possession, distribution, and use, of illegal drugs.

Minor traffic offenses without an arrest and conviction do not affect your ESTA application. Nevertheless, if you answer yes to any of the above, you could be denied an ESTA and need to apply for a visa instead.

Getting a US visa with a criminal record

When you are applying for a non-immigrant visa, having a criminal record can affect whether your visa application will be accepted or denied.

When applying for a visa, the first step will be to complete the DS-160 application form, which has a ‘Security and Background Section’ with specific questions on criminal activities including:

• If you have been involved in, or plan to engage in money laundering.
• If you have ever violated or participated in the violation of laws on controlled substances.
• If you have been arrested or convicted of any crime or infraction.
• If you have once incited, helped, perpetrated, commanded, or participated in violent, political, or extrajudicial executions.

You will also need to fill out the Personal Data Sheet and present an official document detailing your criminal history.

Immigration law in the US can be complicated to understand. Border control officers may not be trained on how to interpret the law and entry accepting entry or denial is at their discretion. A criminal record can potentially deny you access to travel to the US but as you can see above, not all crimes do, and you can be eligible for an exception depending on the nature of the crime, how serious it was, and any special circumstances surrounding the process.

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What Convictions Stop You Entering America

In this article

A criminal record can make a person ineligible for entry into the United States. That implies the individual is inadmissible to get either a nonimmigrant visa (for a short stay) or an immigrant visa (for lawful permanent residence with a green card), even if they seem to satisfy the qualification standards for one.

A minor offence is unlikely to have an impact on your immigration status. However, traveling to the US with a criminal recor can have different consequences and there are exceptions based on the crime's seriousness, circumstances, and outcome. Terrorist activities and spy crimes are considered inexcusable. Criminal convictions for significant or extremely violent offenses can result in permanent ineligibility, which means you will never be able to lawfully enter the US border again.

But what convictions stop you entering America? You will get a detailed answer to the question in this article. In addition, you will learn what are crimes of moral turpitude, which are crimes that shouldn't prevent you from entering the US, whether the US recognizes pardons and exclusions, and much more useful information.

What Convictions Will Make You Inadmissible to the US?

It is difficult for someone with a criminal record to enter the US. A variety of convictions may result in your entry being refused. Additionally, you should be aware that border agents are not trained as lawyers, so there is a chance that they could misinterpret the law or apply it incorrectly to your case.

The list of offences that will make you ineligible to the United States is below (Remember that not all of these crimes require a court conviction to deny an applicant admission)

• Crimes involving moral turpitude: these types of crimes include any intent to perpetrate the offense and they do not cover acts committed when the person was under the age of 18.
• Violation of any nation's rules and regulations regarding banned substances: This covers both trafficking and any organized conspiracy to commit the crime.
• Criminal convictions for 2 or more offenses with sentences totaling at least five years;
• Prostitution;
• Offenses related to human trafficking;
• Almost everything related to money laundering;
• If you have previously been deported without a legitimate visa, do not even try to enter the United States. Under US law, this is a serious offense that can result in the maximum possible sentence for this type of crime.

What Are Crimes of Moral Turpitude?

A crime involving moral turpitude is an action that is "base, vile, or depraved, antithetical to society's standards of morality, and done with a reckless, malicious, or malicious purpose."

Moral turpitude is a legal term that is used in current US law under the Immigration and Nationality Act and relates to the following crimes:

• Pass Bad Inspections;
• Assault with intent to do serious harm to another person;
• Serious assaults;
• Sexual Violence;
• Aggravated Assault;
• Profiting from distributing illegal drugs;
• Human trafficking;
• Commercialized vice;
• Participation in major criminal activity;
• Activities against government authority ( tax evasion, benefit fraud, bribery);
• Money laundering.

Crimes That Shouldn't Prevent You From Entering the US

The above crimes should not result in refused admission of entry into the US:

• Crimes that do not qualify as acts of moral turpitude include those in which the offender has only committed one such offense, and:
• The criminal offence occurred when the individual was under the age of 18, and it occurred more than five years ago.
• Prison time for the offense didn't exceed a year (independent of the actual sentence you got).
• Despite being found guilty of the offense, the offender receives a prison sentence of not more than six months.
• Offenses such as failing to appear, making a disturbance, common assault, and impaired driving are not usually taken into account when considering your admissibility to the nation.
• The United States does not deny entry to anyone who has been convicted of "Driving Under the Influence" (DUI or DWI), but if you have multiple convictions for this or other misdemeanors, you may be denied entry.

What if You Were Acquitted or You Weren't Convicted?

You should technically get permission to enter the country despite having a criminal arrest record and having been charged but never found guilty or convicted. When you attempt to cross the border, the U.S. Department of Homeland Security will have access to this data since it will be on your criminal record.

You can have trouble entering the United States if the border agent is suspicious of something on your criminal record, even if it isn't a conviction.

Does the US Recognize Pardons and Expungements?

The policy of pardons and expungements is generally not recognized in the United States.

A conditional discharge is also treated as a criminal conviction in the US. Even withdrawn charges stay in the law enforcement system, which might cause issues at the border. This implies that individuals who have had a charge withdrawn should be ready to present evidence of the drop when they try to enter the US.

Can Drug Use or Arrest Stop You From Entering the US?

You might still face a travel ban to the US even if you committed a crime but were never charged or convicted. The most typical situations are when the consular officer asks questions like, "Have you ever violated any law related to possessing or selling illegal drugs?" or "Have you ever been arrested, charged, or fingerprinted?". If you say yes and mention anything that suggests you may have committed a major violation, you risk being deemed inadmissible, even if your database record is empty.

There are also cases when persons who had previously admitted publicly to using drugs and those statements ended up on their FBI or RCMP record had their entry to the country denied.

Additionally, you should be aware that US state and federal laws vary greatly in many aspects. Officers of U.S. Customs and Border Protection are federal officials who enforce federal laws in the country. Different state laws exist. Just because marijuana has been legalized in the state you're trying to enter doesn't mean border security considers it acceptable for people to possess or consume it. You can be refused entry if you confess to using narcotics.

Convictions That Will Make You Inadmissible to the US: The Takeaway

You should keep in mind that in this area, US immigration law is not straightforward, and applications are subject to significant discretion on the part of visa judges and border officers. Also, it's very important to know that US visa law is exempt from the Rehabilitation of Offenders Act of 1974, so even convictions that can be considered expunged must be reported.

Written by Abisola Fikayomi

Abisola is an accomplished writer interested in US Travel, immigration, passports and visas. She’s passionate about exploring new places and cultures and willing to share her experiences, expertize and findings with others. That is her primary drive for specialising in this industry.

• Fill out the online visa application form (You need to complete the arrest/conviction details on a personal data sheet (VCU-01) in addition to the visa application. The information must include specifics on the arrest or conviction).
• Provide information about your criminal history.
• Provide certified documentation of your criminal history by obtaining a police certificate from ACPO fewer than six months before your visa interview.
• Schedule an interview at the US embassy.
• Engage in the visa interview.
• Await the decision.

Safest Cities in America to Work, Live and Visit

If you are thinking of moving to America, or you are simply planning a short trip, you might be concerned about your safety. Like most countries, there are parts of the US that are safer than other parts.

Global Entry: Apply for Faster Entry to the USA

Low-risk individuals who need entrance into the USA frequently can do so through one of the following; Global Entry, SENTRI, TSA PreCheck®, FAST, and NEXUS. The Global Entry Visa program allows eligible applicants to enter the US freely without passing through the border officials.

Can I Travel to the United States with a Criminal Record?

Sometimes decisions and choices we make as youth or adults come back to haunt us in ways we may not think about. One of these situations may be having a criminal record on your files. What may seem as a minor infraction could have sever consequences in the future if you plan to travel abroad. In trying to understand the ramifications of a person criminal record let’s look at the restrictions and requirements for entry in the United States of America.

If you have any criminal record, no matter how minor or how long ago the offense, you may be refused a visa or entry to the United States. Even if you have been accepted in the past you can be denied entry based upon disclosure/discovery of your criminality. Not all criminal convictions make a person ineligible to enter the U.S, but if a person currently has a criminal record or had one in the past it must be declared. If a person attempts to gain entry without declaring of a present or past criminal record the consequences are either permanent ineligibility or detention at a U.S Department of Homeland Security (DHS) enforcement facility while a Customs and Border Protection (CBP) officer determines your admissibility.

United States Customs and Border Protection agents have wide discretion to admit or refuse entry into the United States to any person.  You can be refused entry into the United States with or without a criminal record. The fact that you have a criminal record may prevent you from travelling to the United States, but not necessarily.

What Crimes will Prevent Me from Crossing the Border?

Generally, an  impaired driving conviction will not prevent you from travelling to the United States.

However, if you have multiple impaired driving convictions, this could prevent you from travelling.  Any drug possession offence will likely result in you being denied entry into the United States from Canada. If you have a conviction for a crime that is considered an offence against “moral turpitude” this conviction will likely result in you being refused entry. Crimes considered offences against moral turpitude include murder,  sexual assault ,  assault ,  fraud ,  robbery , etc. Further, multiple petty crimes in a short span of time could also give a border agent cause to refuse you entry.

United States Customs agents have access to the Canadian Police Information Centre (CPIC). Through this database, agents are able to view Canadian criminal records, outstanding charges and warrants. It does not matter how long ago your criminal conviction was – US customs agents will be able to view it. With this in mind, if you are asked about any criminal convictions or outstanding charges, you should tell the truth.

Because decisions to deny or allow entry to the United States relies mostly upon the discretion of individual customs agents, it is impossible to state that a certain person would be deemed admissible or inadmissible at all times.

Can a Discharge be a Barrier to Travelling to the United States?

Even though a discharge is not a conviction, it is still evidence of guilt. Depending on the seriousness of the discharge it may affect whether or not you will be granted entry. Here are some examples of cases where people have been found admissible: assault, mischief, trespass and fail to comply with a court order. However you must keep in mind if you have more the on conviction for any of these you can be denied entry Some examples of charges where people have been found to be inadmissible include: crimes of violence, crimes of sexual assault, and crimes of moral turpitude which include: fraud, possession of stolen property and drugs offences to name a few.

Can A Peace Bond Affect My Ability to Travel to the United States?

A peace bond is not an admission of guilt, and will not result in a criminal record However, the authorities will have a record of the Peace Bond therefore you should consider waiting until these records are removed from your file.

It’s often said that actions have consequences. Poor decisions of past can and will can restrict your wanting to travel to the U.S.

Know your rights so you can travel safe and legally.

Electronic Devices at the United States Border

United States Customs agents are entitled to look at your cell phone, laptop or other electronic device when you cross the border. They do not need a warrant or reasonable grounds to do so. They can demand you provide your password to any device you have with you.

There are some limits, as agents cannot use your device to access files held remotely. However, agents can look through any photos, text messages, emails or other files stored on your device. If you are asked for instance about your drug use, and you respond in the negative and an agent accesses your phone and locates a picture of you participating in recreational drug use, you will likely be refused entry.

Further, answering falsely to questions put to you by customs agents can potentially damage any future attempts to enter the United States, as you will likely be flagged for false statements to customs agents. If you are worried about items on your electronic devices, the best practise is to leave those devices at home.

What are the Rules about travelling to the United States with Cannabis?

With the recent legalization of recreational marijuana in Canada, officials from the United States have made it clear that Canadians can be denied enter into the United States for admitting to consuming marijuana.

Despite marijuana consumption being legal in Canada and a few of states in America, such as Colorado, at a federal level in the United States, marijuana is still considered an illegal drug. Federal law governs the United States international borders; thus possession of marijuana is considered a criminal offence. Even if you do not have a criminal record for marijuana possession, just admitting to consuming marijuana is enough to be denied entry.

However, officials have advised that asking about cannabis consumption will not be routine for US border agents. This being said, if you are asked about your cannabis use, you should not lie. You can refuse to answer the question, which may result in you being denied entry for that day. A positive answer to the consumption of marijuana at any point in your life, even if you do not have a criminal record could be enough to potentially ban you from ever entering the United States.

Pardons/Record Suspensions and Crossing the United States Border

While Pardons/Record Suspensions will assist in most people when applying for jobs, volunteer positions or home rental applications in Canada, they are not necessarily of assistance in travelling to the United States. US customs will not recognize a Canadian Pardon. Therefore, your criminal offence will still show up if a CPIC check is conducted, and still be considered by the customs agent is determining your admissibility to the country.

Waiver of Criminal Record

It is possible to apply directly to the United States for a waiver of your criminal record, which would allow you to enter the United States despite your record.

This process can take up to a year, and costs $585.00  USD, regardless if the application is successful or not. You will need to submit a number of other documents, including fingerprints, police records and a personal explanation of the circumstances of the crime(s) you committed. Most of these documents will have an additional cost.

The process for obtaining a waiver is lengthy and can be complicated. If you require guidance and assistance, Toronto Defence Lawyers are able to assist.

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Update May 10, 2024

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Criminal Record Checks

U.S. citizens may need a "certificate of good conduct" or proof that they lack a criminal record. These may be needed for many reasons abroad. These reasons may include adoption, school, and work. U.S. police may not know about this process because it is rare in the United States. U.S. citizens have many options to prove they have no criminal record.

Local Police Check

Go to your local police department where you live or last lived in the United States. Ask that the police conduct a local or state criminal records search. Ask that they provide a document showing you have no history of a criminal record. Police departments may need you to be there in person to request the background check.

Check if the country where you will use the records requires authentication. For information on that, please see our page on authentications .

FBI Records Check

The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) is in charge of an FBI records check. They are responsible for criminal justice information. They work with law enforcement and governments around the world. They also work with private organizations and citizens like you.

The FBI offers two ways to request your FBI Identification Record or to prove that no record exists:

• You may get a copy of your record by submitting a written request to the CJIS Division. The request must include proof of identity. This proof must include your name, date and place of birth, and a set of rolled-inked fingerprints (which can usually be obtained at your local police department). If there is no criminal record, they provide a report reflecting this fact. The FBI will not provide copies of other people's arrest records to you.  See www.FBI.gov for current processing fees and more information. See also Identification Record Request and Guide for Obtaining Your FBI Identification Record . Lastly, see Submitting an Identification Record Request to the FBI.
• You may also submit a request through an FBI-approved channeler. A channeler is a private business that has contracted with the FBI. They receive your fingerprint submissions and data. They also collect any fees. Then they send the submissions and information to the FBI. The FBI will give them the background check results, and they will give them to you. See www.FBI.gov for the list of FBI-approved channelers.

Note: You must submit a request directly to the FBI CJIS Division if you need:

• An apostille or authenticated copy of your FBI Identification Record
• An FBI Identification Record as a non-U.S. national or permanent resident

The U.S. Department of State Authentications Office can attach an apostille to a document for countries in the Hague Apostille Convention. For countries not in the convention, they will add a certification over the FBI seal.

Getting Your Fingerprints Taken

You should be able to get fingerprint cards from your local police or at www.FBI.gov . U.S. embassies and consulates abroad do not provide these services. See Fingerprint Identification: An Overview.

Authentication of Police or FBI Certificates of Lack of a Criminal Record

CJIS will authenticate U.S. Department of Justice Order 556-73 fingerprint search results for international requests. They do this if requested at the time of submission. They do so by placing the FBI seal and signature of a Division official on the results.

If needed, you can then send this document to our U.S. Department of State Authentications Office. They can authenticate it for you. Be sure to tell them what country you will use the document in.

Documents from your local police will need more than their seal. You will need more authentication. Contact your state Secretary of State’s office or other designated officials in your state. They can help you authenticate state-issued documents. See our general guidance on authentication of documents for use abroad .

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Traveling Outside the U.S. with a Criminal Background

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  Can You Travel Outside of the U.S. with a Criminal Background?

Whether or not you can travel outside of the U.S. with a criminal background will depend on the country you wish to visit, the nature of your criminal record, and the severity of your offense. Generally speaking, most countries have their own laws and regulations regarding entry and immigration, and it is up to their discretion to decide who they allow into their country.

If you plan on traveling with a misdemeanor record, you may still be able to go to some countries, especially those that do not have strict immigration policies. However, some countries may deny entry to people with a criminal background, particularly for serious or violent offenses.

Even if you are able to travel to another country with a criminal background, you may still face additional scrutiny and restrictions during the immigration process, such as additional questioning or searches.

If you are planning to travel outside of the U.S. with a criminal background, first research the specific entry requirements for the country you plan to visit and speak with an immigration lawyer if necessary.

Additionally, you may want to apply for a travel waiver or visa, increasing your chances of being granted entry into certain countries.

What Are Some Effects of Having a Criminal Record?

What about traveling as a u.s. citizen, what about traveling as a non-u.s. citizen, how can i avoid difficulties when traveling, what else should i know about traveling with a criminal background, can i obtain a passport with a criminal record, can i travel outside of the u.s. if my record was expunged, how can an immigration lawyer help.

Having a criminal record can have significant and long-lasting effects on your life, including your employment opportunities, housing options, and even your ability to travel outside of the country.

Here are some specific effects of having a criminal record, particularly for felonies , DUI charges , and unpaid child support :

• Travel restrictions: A criminal record can limit your ability to travel outside the country, particularly for felony offenses and DUI charges. Some countries may deny entry to people with certain criminal convictions or may require additional documentation, such as a travel waiver or visa, which can be difficult to obtain.
• Employment opportunities: People with a criminal record may have difficulty finding employment, particularly in fields that require background checks, such as healthcare, education, and finance. Some employers may have policies that automatically disqualify people with certain types of criminal convictions.
• Housing options: Landlords and property managers may also conduct background checks on potential tenants and may be hesitant to rent to people with a criminal record, particularly for felony offenses.
• Financial impacts: Unpaid child support can result in a criminal record and can have significant financial impacts, including wage garnishments, tax refund intercepts, and even arrest warrants.
• Personal relationships: Having a criminal record can also impact your personal relationships, as some people may be hesitant to associate with people who have been convicted of a crime.

Having a criminal record can have long-lasting effects on your life, and it is crucial to understand the potential consequences of criminal convictions. If possible, seek legal advice to explore your options for reducing or expunging a criminal record.

As a U.S. citizen, you have the right to travel within the country and to most international destinations. However, having a criminal record can impact your ability to travel to some countries, particularly for felony offenses and DUI charges.

Some countries have strict immigration policies and may deny entry to people with certain criminal convictions, while others may require additional documentation, such as a travel waiver or visa. You should research the specific entry requirements for the country you want to visit and speak with an immigration lawyer if necessary.

For non-U.S. citizens, having a criminal background can significantly impact their ability to travel, particularly if they are not citizens of the country where the offense was committed.

Many countries have strict immigration policies that may deny entry to people with criminal convictions, even for minor offenses.

Additionally, some countries may require a visa or other documentation for entry, which may be hard to obtain for people with a criminal record.

Research the specific entry requirements for the country you wish to visit and consult with an immigration lawyer. In some cases, obtaining a waiver or pardon may be possible to overcome the criminal inadmissibility grounds and gain entry into the country.

Here are some tips to help you avoid difficulties when traveling with a criminal background:

• Research entry requirements: Before booking your trip, research the entry requirements for the country you want to visit. Some countries have strict immigration policies and deny entry to people with criminal convictions. If you are unsure about the requirements in the country you are planning to visit, speak with an immigration lawyer.
• Obtain necessary documentation: If additional documentation, such as a travel waiver or visa, is required, make sure to obtain it well in advance of your travel dates.
• Disclose your criminal record: Be honest when filling out travel forms and disclosing your criminal record. Failing to disclose your criminal record can result in a denied entry or even further criminal charges.
• Plan for additional screening: If you have a criminal record, plan for additional screening and questioning during the immigration process. Try your best to stay calm and answer all questions truthfully.

Other legal issues to consider when traveling with a criminal background include the possibility of an immigration hearing , depending on the country you are planning on visiting. An immigration hearing may be required if you have been denied entry or if the immigration authorities have questions about your criminal history.

If an immigration hearing is required, contact an immigration lawyer to talk about your rights and options.

The answer is generally yes. However, there are some circumstances where a passport may be denied or revoked, such as for certain felony convictions or outstanding child support payments. Check with the U.S. Department of State for more information on passport eligibility requirements.

If your criminal record has been expunged or sealed, it may still impact your ability to travel outside of the U.S., depending on the country you are planning to visit. Some countries still consider the expungement or sealing of your record in their immigration decisions.

For this reason, you should research the specific entry requirements for the country you wish to visit before making any definite plans and consult with an immigration lawyer if necessary.

If you have concerns about traveling outside of the U.S. with a criminal background, you should talk to an immigration lawyer .

An immigration lawyer can help you research the specific entry requirements for the country you want to visit and advise you on any legal issues you may face. They can also help you prepare the necessary documentation and represent you in an immigration hearing if required.

Don’t hesitate to seek legal guidance from an experienced immigration lawyer to ensure a smooth travel experience outside of the United States. Use LegalMatch’s online attorney-client matching system to help you find the right immigration lawyer for all of your international travel needs today.

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ESTA Criminal Record Rules and Regulations

30 Jun 21:40

The ESTA permit is one of the most popular ways of visiting the United States. Whether you plan to visit the US for your next vacation, or transit travel through USA , you will need an ESTA for convenience.

But what is ESTA? ESTA offers a visa-free way for travellers to enter the US for 90 days at a time. It is fairly easy to apply for ESTA online, and you will receive a response within a day or two. However, it might be more difficult to apply with a history of criminal records. So, can you get an ESTA travel document with a previous criminal record? The answer is dependent on certain factors.

Does ESTA check criminal records? Yes. However, your criminal record might not matter if you satisfy some conditions related to the nature of the crime you committed, the date of the crime, and your age at the time.

Applying for ESTA with a criminal record:

The nature of your crime will be the ultimate determinant of whether you can get an ESTA. The USA would not reject your application outright if they mentioned records of a criminal past. In fact, you don’t have to declare less serious one-off charges. While filling out the application, you will have to answer a few eligibility questions to determine whether you have to declare your criminal record.

You will receive a response from the authorities within a day, usually after submitting the application. After that, you can check ESTA status online .

Do you have a conviction record?

ESTA questions on convictions will require you to give details about your criminal record. You will have to answer whether you have been arrested or convicted for a crime that resulted in serious damage to a person, property, or government authority. This question is important for filtering out serious criminals from people who might have committed a one-off crime through the ESTA form .

Moral turpitude in US law refers to crimes that "gravely violate the sentiment or accepted standard of the community." You will have to declare such crimes, and in most cases, it will render you ineligible for ESTA. Such crimes include:

• Crimes like murder, rape, kidnapping, manslaughter, serious assault, and gross indecency against a person.
• Crimes like forgery, bribery, tax evasion, and perjury that cause damage to the government authorities.
• Crimes like burglary, arson, and theft deprive people of their property.

If you have been arrested, prosecuted, or convicted because of a serious crime, you must answer truthfully in your ESTA application. Anyone who has committed such a crime has to answer “Yes” to this question. You have to accept that you will not get your hands on the ESTA and begin applying for a visa instead. Lying can have serious consequences.

There are some exceptions allowed. If you committed the crime before you were an adult, that is, before you turned 18, you could be allowed into the United States with ESTA regardless. If you received a sentence of 6 months or less, or the maximum sentence for your crime was a year, you might be considered eligible for an ESTA as well.

In these cases, you have to seek legal counsel if you plan to answer in the negative to the question in the application. You should clarify all your doubts and try to be on the safe side. This is because you will not be guaranteed entry into the US even if your ESTA is approved. You may pass the ESTA criminal record check, but the border patrol can still access your criminal history and deny you entry.

What if you have a traffic offense?

According to the rules of the US government, you have not committed a serious crime if you were charged with a traffic offense or drunken driving but did not cause an involuntary homicide. People who have speeding or parking violations without gross negligence are mostly eligible as well. Frequency is important here, though, because repeat offenders are not given so much leniency.

Addicts arrested multiple times for violating the liquor laws have to answer in the affirmative regarding the criminal record question in the ESTA application. In addition, if your traffic violations have inflicted harm and damage upon other individuals or government authorities, then you will not be granted an ESTA.

ESTA eligibility for those with drug offense convictions:

The United States has a zero-tolerance policy for those involved with illegal drugs. Therefore, if you have ever been arrested for possessing, distributing, or using illegal drugs, you will have to answer in the affirmative under the criminal record question in the ESTA form. Few exceptions exist that you can consider.

The rules regarding medical cannabis are likely to vary based on your country of origin. In most cases, medical cannabis consumed without any supervision will be considered illegal drugs. However, if you consume medical cannabis for strictly therapeutic purposes, you do not have to acknowledge it as part of your criminal record. Similarly, if you consumed legal drugs in your country, you technically are in no legal trouble.

Overall speaking, if you did not break any laws when consuming drugs and there are no drug-related convictions in your past, your ESTA application should not run into any problems. However, if you have been proven guilty of your drug offenses, it is better to apply for a visa instead.

Were you convicted of assault?

If you have never inflicted serious damage to someone or their property by assault, it will not count under the criminal record of your ESTA application. However, people arrested multiple times for assault have to answer 'Yes' to the criminal record question. The United States will not allow habitual offenders of assault into the country by ESTA.

ESTA application for people with the suspended sentence:

Suspended Sentence refers to a situation where the judiciary declares punishment with conditions. If the person in question is arrested again because of another crime they commit, the suspension is revoked, and they have to suffer the punishment. The Customs and Border Protection of the United States have jurisdiction over ESTA, and they do not qualify suspended people as criminals by moral confusion.

Fraud and Misrepresentation:

If you have ever misrepresented yourself or committed fraud to help someone else enter the United States under false pretences, you will not be eligible for an ESTA permit. This might not be directly associated with your criminal record, but it will have an important bearing on your ESTA eligibility. This is because the United States considers fraud and misrepresentation as a criminal offense, and your ESTA will be denied if you have been guilty of it.

Always disclose your criminal record!

You might wonder if there is a way to apply for the ESTA without revealing your criminal background, but that is a dangerous route to take. You are bound to be caught at some point because the United States is very particular about barring entry for people who can commit serious crimes and harm American residents.

Travelling to the USA with a criminal record

If you have been unable to secure an ESTA, you might want to consider applying for a visa instead. You can also describe the criminal record more specifically when applying for a visa. This will allow the authorities to look at your case individually. Depending on the rest of your personal history, you might be able to secure a visa interview despite your criminal record.

Answer every question on the ESTA form as accurately as possible, including the ESTA social media questions and criminal record questions. If you cannot have an ESTA permit, there are other avenues you can take to enter the United States.

My ESTA was denied because of my criminal record. What should I do?

There is an option to apply for a tourist or business visa if you cannot get an ESTA. However, the visa application process might be lengthier, so you should get started right away.

Will I be eligible for ESTA with a good behaviour bond?

If you answered any of the criminal record questions in the ESTA application in the affirmative, a good behaviour bond could not save you. However, it could enhance your visa application.

I was convicted. Can I get an ESTA?

To sum it up, you can get an ESTA with a criminal record only if your crime was not serious or repetitive. You have to answer in the negative to the criminal record questions in the form honestly.

As long as your crime was not serious, you have a chance to enter America by going through the correct channels. However, the safest way for anybody with a criminal record to enter the United States is to use a visa instead of an ESTA.

Traveling with a Criminal Record: All Questions Answered

Sometimes, an unfortunate event happens to us that may prevent us from getting the life we want. This can be the case with a criminal record . It is good to be aware of what situations you will be in when traveling, as not every country is going to be flexible in your situation. Here are some tips and advice for anyone looking to travel with a criminal record.

If you have a criminal record, there are several countries that will not let you enter. This can be a problem if you want to travel for business or pleasure. Here is a list of countries that will not allow entry to those with a criminal record.

Apply Online

In this article…

I have a criminal record and want to travel: What countries can I visit?

The United States, Canada , Australia , and New Zealand are some of the countries that will not allow entry to those with a criminal record.

Other countries too may refuse entry to visitors with a criminal record.

Countries that may refuse entry to visitors with a criminal record.

Afghanistan , Algeria , Angola , Bahrain , Cambodia , Cameron, Central African Republic , China , Comoros , Djibouti , Equatorial Guinea , Eritrea , Gabon , Gambia , Guinea, Guinea-Bissau, Indonesia , Ivory Coast , Kazakhstan , Kuwait , Kyrgyzstan , Laos , Lebanon , Liberia , Libya , Malaysia , Maldives , Mauritania , Mongolia , Mozambique , Myanmar , Namibia , Nepal , Niger , Nigeria , Oman , Pakistan , Qatar , Russia, Saudi Arabia, Senegal , Sierra Leone , Somalia , South Sudan , Sudan , Syria , Tajikistan , Thailand , Togo , Turkmenistan , UAE, Uzbekistan , Vietnam , Yemen , Zambia , Zimbabwe

💡 Tip: Buy travel health insurance before your trip.

Check out popular travel insurance plans and choose one that suits you.

Most plans only cost less than $20 a day.

How can I travel to America with a criminal record?

If you have a criminal record, you may still be able to travel to America. However, you will need to apply for a waiver in advance, which can be a lengthy and complicated process.

Even if you are granted a waiver, you may still be subject to additional scrutiny at the border. Be prepared to answer questions about your criminal record and why you are traveling to the United States.

If you have a criminal record, you may still be eligible for a US visa waiver . To apply, you will need to submit a completed application, including all required supporting documentation, to the US Embassy or Consulate where you will be applying for your visa.

What are the travel restrictions for people with a criminal record?

If you have a criminal record, travel restrictions will vary depending on the country you are trying to enter. For example, Canada will not allow people with certain types of criminal records to enter the country. The United States has a similar policy, but there are some exceptions. If you are hoping to travel to a country with strict travel restrictions for people with criminal records, it is best to consult with an attorney beforehand to see if there is any way to obtain a waiver.

Also read: US Work Visa – How to Apply

Can I get a waiver to enter the United States with a criminal record?

If you have a criminal record, you may still be able to enter the United States. Whether or not you are eligible for a waiver depends on the type of offense and how long ago it occurred.

If your criminal offense was a misdemeanor, such as petty theft or disorderly conduct, you may be eligible for a waiver if it occurred more than five years ago. If your offense was a felony, such as rape or murder, you will not be eligible for a waiver. ( Source )

In order to apply for a waiver, you will need to submit a completed application, along with supporting documentation, to the U.S. embassy or consulate where you will be applying for a visa. The consular officer will review your case and make a decision on whether or not to grant a waiver. If you are granted a waiver, you will be issued a visa and will be allowed to enter the United States.

How can I find out if my criminal record will prevent me from traveling?

If you have a criminal record, you may not be able to travel to certain countries. For example, Canada has a program called the International Criminal Information Centre (ICIC) which allows them to share information about people with criminal records with other countries. If you try to enter Canada and they find out you have a criminal record, you may be denied entry. ( Source )

There are also some countries that have specific requirements for people with criminal records. For example, Australia requires people with certain types of criminal records to apply for a special visa before they can enter the country.

If you’re not sure whether your criminal record will prevent you from traveling to a particular country, you can check with the embassy or consulate of that country.

There are a number of ways to check if you will be restricted from traveling to a particular country because of your criminal record.

The Foreign and Commonwealth Office (FCO) website has a list of countries that have entry requirements for British citizens. This list includes information on whether a country requires a criminal background check as part of its entry requirements.

The FCO also provides advice for British citizens traveling to specific countries. This advice includes information on any entry requirements for that country, including any requirements for a criminal background check.

If you are unsure whether your criminal record will restrict your travel to a particular country, you can check with the embassy or consulate of that country. You should do this before you book your travel arrangements.

In some cases, you may be able to apply for a waiver or exemption from the travel restriction. For example, you may be able to apply for a waiver if you are traveling for business or humanitarian reasons.

If you are found to be traveling to a country without the required documentation, you may be refused entry and could be deported. You may also be placed on a watch list which could make it difficult for you to travel to other countries in the future.

Can I travel internationally with a misdemeanor?

A misdemeanor on your record should not impact your ability to travel internationally.

There is no one answer to this question as different countries have different policies in place regarding entry for people with a misdemeanor. Some countries may allow entry for people with a misdemeanor, while others may not. It is important to research the entry requirements of a particular country before traveling there.

How can I travel if I have a criminal record?

If you have a criminal record, you may be able to travel if you meet certain requirements. For example, you may need to get a pardon or have your record sealed.

If you have a criminal record, traveling can be difficult. You may not be able to get a passport, or if you are able to get a passport, you may not be able to travel to certain countries. Even if you are able to travel, you may have to disclose your criminal record to customs and immigration officials, which could lead to problems.

Countries you can’t travel to with a criminal record

There are many countries that will not allow someone with a criminal record to enter. Some of these countries include Afghanistan, Algeria, Bahrain, Bangladesh , Barbados , Botswana , Brunei , Cambodia, Congo , Egypt , Ghana , Guyana, India , Iraq , Jamaica , Jordan , Kuwait, Lebanon, Libya, Malaysia, Mauritania, Morocco, Myanmar, Oman, Pakistan, Qatar , Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Taiwan, Thailand, Tunisia , Turkey, United Arab Emirates, Uzbekistan, Vietnam, Yemen, and Zimbabwe.

Do the Bahamas allow felons to enter?

The Bahamas does not have a formal policy on felons entering the country. However, it is generally assumed that felons would not be allowed to enter the Bahamas due to the country’s strict laws on crime and violence.

UK Criminal record travel restrictions

If you have a criminal record in the United Kingdom, you may be restricted from traveling to certain countries. This is because some countries do not allow people with criminal records to enter their territory.

Can I travel to the Caribbean with a criminal record?

If you have a criminal record, you may still be able to travel to the Caribbean . However, you will need to check with the embassy or consulate of the country you wish to visit to find out their specific requirements.

You may also need to get a waiver from the country’s government in order to be allowed entry.

Can green card holders with criminal records travel?

If you have a criminal record, you may still be able to get a green card (permanent resident card), but it will likely be more difficult and you may need to apply for a waiver of inadmissibility.

If you have been convicted of a crime, you are not automatically ineligible for a green card. However, your crime may make you inadmissible to the United States, which means you will not be able to get a green card unless you qualify for a waiver of inadmissibility.

There are many different types of crimes that can make you inadmissible, including:

• Crimes involving moral turpitude (such as fraud or theft)
• Aggravated felonies
• Drug offenses
• Human trafficking offenses
• Domestic violence offenses
• Unlawful presence in the United States

Also read: Visa Free Countries

If you are inadmissible to the United States, you may still be able to get a green card if you qualify for a waiver of inadmissibility. There are many different types of waivers available, and each has different requirements.

For example, the waiver for a crime involving moral turpitude requires that you show that you have been rehabilitated and that your crime was an isolated incident. The waiver for an aggravated felony requires that you show that you will be facing extreme hardship if you are not allowed to enter the United States.

If you have a criminal record and you want to get a green card, you should speak with an experienced immigration attorney who can help you determine if you are eligible for a waiver and assist you with the application process.

• Countries You Can’t Travel to With a Criminal Record
• What is the Purpose of a Passport? All Your Questions Answered
• Customs and Etiquette: How to Adapt to Different Cultures While Traveling
• Money Matters: Managing Your Finances While Traveling Abroad
• Things To Do Before Traveling to Japan

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Q683: i want to travel to america, but i have a conviction/been arrested. can i still travel there.

The USA have a visa waiver programme for any person holding passports from certain countries (United Kingdom passports are included) as long as that person has never been arrested and/or convicted.

If you have been arrested, you must declare it whether or not that arrest resulted in a conviction. The Rehabilitation of Offenders Act 1974 does not extend to the USA so you must declare all convictions regardless of whether they are classed as spent or not.

Most minor road traffic offences that were dealt with by way of fixed penalty (i.e. no arrest or court appearance) do not count and you will be eligible to travel under the visa waiver programme.

If you have been arrested/convicted, then you must apply for a visa from the US Embassy in London before you travel to the USA. Failure to have a visa means that you could be refused entry and returned home at your own expense. Have a look at the Visa Waiver Wizard (first link in Related Information) which only takes a minute to complete - it is just a guide for your own information, you do not have to enter personal details.

A conviction could mean that you are classed as permanently ineligible to travel to the USA, however, you may be able to apply for a waiver of permanent ineligibility from the Department of Homeland Security. This is not automatic and depends on several factors depending on the nature of the crime and when it was committed.

If you are unsure it is always better to check as you could be refused entry to the USA. In the current climate, it is highly likely that the USA authorities will be aware of your personal details before you travel to the USA.

Also, see the website in Related Information for more details.

Visa Wizard (state.gov) US Embassy - how to apply for a U.S tourism visa US Embassy - Non immigrant visa: ineligibilities and waivers (including arrests, cautions and convictions) GOV.UK - Criminal records checks for overseas applicants

Related questions

Q562: what is a caution and how long does it last.

A caution is a formal warning that is given to a person who has admitted the offence. If the person refuses the caution, then they will normally be prosecuted through the normal channels for the offence. Although it is not technically classed as a conviction (as only the Courts can convict someone) it can be taken into consideration by the Courts if the person is convicted of a further offence.

Cautions are covered by the Rehabilitation of Offenders Act 1974 and become spent immediately (apart from conditional cautions which will become spent after 3 months). Unless applying for particular types of work (see below), a person who has spent cautions does not have to disclose them to prospective employers and employers cannot refuse to employ someone on the basis of spent cautions.

However, when applying for particular types of employment, for example, working with children or vulnerable adults, certain professions such as law, health care and pharmacy, senior management posts within certain sectors and employment where matters of national security are involved, the application form will state that it is exempt from the Rehabilitation of Offenders Act 1974. In these situations, you may need need to disclose your caution and it may be disclosed on your DBS criminal records check. See Q89  for further guidance on whether your caution will be disclosed.

Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed. Any requests that fit the above criteria should be directed to ACRO Criminal Records Office. Please see the link in the Related Information for further details.

ACRO Record Deletion

Offences never filtered from a DBS certificate

Q760: What is a community resolution?

A Community Resolution is a method of restorative justice and is an alternative way of dealing with less serious crimes and incidents, allowing officers to use their professional judgement when dealing with offenders. It can be used for offences such as low-level public order, criminal damage, theft, and minor assaults, where the victim has agreed that they do not want the police to take formal action.

The use of Community Resolution will enable victims to have quick resolutions and closure to their crime, offenders will receive speedy justice and there will be reduced bureaucracy for police officers. Examples of a Community resolution could include a simple apology, an offer of compensation or a promise to clear up any graffiti or criminal damage.

Community Resolutions do not constitute a criminal record and are not currently recorded on the Police National Computer. They are however recorded locally on police information systems and can be accessed for intelligence purposes. A previous Community Resolution will be taken into consideration if further offences are committed.

Community Resolutions are not disclosed as part of a Disclosure and Barring Service (DBS) standard check. They might, however, be disclosed as part of an enhanced check for certain offences in the 'relevant information' section, i.e. the offence has a bearing on the kind of work you are applying for.

Q89: What does a spent conviction/caution mean?

A spent conviction is a conviction which, under the terms of Rehabilitation of Offenders Act 1974, can be effectively ignored after a specified amount of time. The amount of time for rehabilitation depends on the sentence imposed, not on the offence. The more serious the conviction, the longer the period of rehabilitation. For example, if you have received a prison sentence of more than four years, the conviction will never become spent, but cautions become spent immediately (apart from conditional cautions which will become spent after three months).

The Act aims to rehabilitate offenders by not making their past mistakes affect the rest of their lives if they have been on the right side of the law for some time. For details of the length of time before a conviction becomes spent, see the NACRO website in Related Information.

Unless applying for particular types of work (see below), a person who has spent convictions and cautions does not have to disclose them to prospective employers. Employers cannot refuse to employ someone with spent convictions.

However, when applying to work in certain types of employment, for example, working with children or vulnerable adults, certain professions such as law, health care, and pharmacy, senior management posts within certain sectors and employment where matters of national security are involved, the application form will state that it is exempt from the Rehabilitation of Offenders Act 1974. In these situations, you will need to disclose all your cautions and convictions, and they may be disclosed on your DBS criminal records check.

Where a post is exempt from the Rehabilitation of Offenders Act 1974, the law protects people from having some old and/or minor convictions and cautions disclosed to employers but sexual and violent offences will always be disclosed, as well as any convictions that resulted in a custodial sentence, and all convictions if a person has more than one conviction. Regarding any other convictions and cautions: convictions are not shown after eleven years (in relation to persons 18 or over) or five and a half years (in relation to persons under 18), and cautions are not shown after six years (in relation to persons 18 or over) or two years (in relation to persons under 18). In order to determine whether your caution/conviction needs to be disclosed and whether it will show on a DBS check, see the flow chart below:

Please be aware that the information that police forces disclose may differ from the above and particularly in relation to enhanced disclosures, any information that the Chief Constable feels relevant with regards to the reason for the check, can be disclosed.

Conviction Calculator Offences never filtered from a DBS certificate

Contact your local police force

Enter your town or postcode to see information from your local force, if you can't find the answer.

Can I get a Visa to USA if I have a Criminal Record?

I am often asked whether a criminal conviction will lead to an application for a travel visa to the United States being refused.

The answer is: it normally won’t provided that you pass the requirements of the ‘ESTA’; or Electronic System for Travel Authorization.

What is the ESTA?

ESTA is a program implemented by the United States Department of Homeland Security to facilitate efficient and effective screening of travellers to the United States.

If an applicant:

• holds a valid passport from from an eligible country (including Australia), and
• will be in the United States for 90 days or less, and
• is travelling for business or leisure purposes

an online application can be made for travel approval to the United States under the ESTA program.

The full list of ‘eligible countries’ is extracted below.

ESTA provides instant advice as to whether travel to the USA is approved, refused or if further information is required.

The application currently costs $14 if successful or $4 if refused.

The applicant is required to:

• fill in his or her personal details including citizenship and passport number,
• advise of the proposed address while in the United States, and
• answer the following list of questions:

A) Do you have a communicable disease; physical or mental disorder; or are you a drug abuser or addict?

B) 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 offences 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?

C) Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved, in any way, in persecutions associated with Nazi Germany or its allies?

D) Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United States or procured or attempted to procure a visa or entry into the U.S. by fraud or misrepresentation?

E) Have you ever detained, retained or withheld custody of a child from a U.S. citizen granted custody of the child?

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa cancelled?

Definitions are extracted below.

The main aim is to ensure that the health, safety and economy of the United States is protected by refusing entry to persons who have a contagious disease / infection, who want to stay for a prologued period or for employment purposes or who pose a physical risk due to drug use or supply, serious criminal conduct, spy activity, terrorism or links to genocide.

Travel authorisation will instantly be approved in writing if the answer to all questions is ‘no’.

However, that approval is ultimately subject to Customs and Border Protection checks and final determinations.

If the answer to any question is ‘yes’, the authorisation will not be approved and further information will be required.

So the answer to the question: Can I get a visa to USA if I have a criminal record? is Yes, provided that you pass the ESTA requirements.

_____________________

Definitions :

‘Communicable diseases’ include: Chancroid, Gonorrhea, Granuloma inguinale, Leprosy, infectious Lymphogranuloma venereum, infectious stage Syphilis and active Tuberculosis.

‘Physical or mental disorder’ is defined as when:

(a) You currently have a physical or mental disorder and a history of behaviour associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or

(b) You had a physical or mental disorder and a history of behaviour associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behaviour. _____________________

Eligible countries are :

Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia , Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, Malta, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland and the United Kingdom.

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• Passports, travel and living abroad
• Travel abroad
• Foreign travel advice

Entry requirements

This information is for people travelling on a full ‘British citizen’ passport from the UK. It is based on the UK government’s understanding of the current rules for the most common types of travel. 

The authorities in the US set and enforce entry rules. If you’re not sure how these requirements apply to you, contact the US Embassy or a consulate in the UK .

COVID-19 rules

There are no COVID-19 testing or vaccination requirements for travellers entering the US.

Passport validity requirements

To enter the US, your passport must be valid for the length of your planned stay.

If you’re travelling through another country on your way to or from the US, check the entry requirements for that country. Many countries will only allow entry if you have at least 6 months validity remaining on your passport. 

Dual nationals  

US law requires US citizens to enter and exit the US using a US passport. Contact the US Embassy or a consulate in the UK for more information.

Visa requirements

To enter or transit through the US, you must have either an  Electronic System for Travel Authorisation ( ESTA ) visa waiver  or a visa .

The US State Department has more information on visas .

Applying for an ESTA visa waiver 

Apply for an ESTA visa waiver through US Customs and Border Protection. You can also apply using the ESTA Mobile app on android or on iOS .

You cannot apply for an ESTA visa waiver if you have:

• been arrested (even if the arrest did not result in a criminal conviction)
• a criminal record
• been refused admission into, or have been deported from the US
• previously overstayed under an ESTA visa waiver

You cannot normally apply for an ESTA visa waiver if you were in the following countries on or after March 2011: 

• North Korea

You cannot apply for an ESTA visa waiver if you travelled to or were in Cuba on or after 12 January 2021. 

If you are not eligible for an ESTA , you must instead apply for a US visa.

Applying for a visa

The US Embassy in London has information on how to apply for a visa .

US visa appointments

Visa appointments at the US Embassy in London are limited. Plan your application as far ahead as possible before travel. If you need to travel urgently, you can request an expedited interview through the US Embassy’s appointment service provider.

The US Embassy has more information on visa appointments .

Children and young people

Anyone aged 17 and under must:

• have a valid visa or ESTA visa waiver on arrival
• be able to provide evidence about the purpose, location and length of their visit if asked by immigration officials
• have written consent from one or both parents if travelling alone, with only one parent, or with someone who is not a parent or legal guardian

The US authorities can stop you entering the country if they have safeguarding concerns about a child. If this happens, the US authorities will take the child into their care, and their return from the US could take months. The Foreign, Commonwealth & Development Office ( FCDO ) cannot speed up the return of British nationals aged 17 and under from the US.

The US government has information about children travelling to the US . If you have questions, contact the US Embassy in the UK .

Vaccine requirements

For details about medical entry requirements and recommended vaccinations, see TravelHealthPro’s US guide .

Customs rules 

There are strict rules about goods you can take into or out of the US . You must declare anything that may be prohibited or subject to tax or duty.

Global Entry programme

The US Customs and Border Protection programme Global Entry allows pre-approved travellers through border control faster at some US airports. If you’re a British citizen, you can  register to get a UK background check . If you pass the background checks, you’ll be invited to apply for Global Entry.

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Flying to usa from uk with criminal convictions? How long? - New York Forum

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Flying to usa from uk with criminal convictions? How long?

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So when i was a student a couple years ago i did something stupid and drove home after i had some pulls of weed at a party (not a regular) after the party i drove home as i was completed fine. Long story short i got drug tested and charged with drug driving.

My 12month ban has been over for a year now, haven't smoked since and now graduated with a masters degree with my head screwed on doing my careers job. In the future i do want to go America after i was already declined when applying for a esta before i got the charge..so yes in the future i do want to visit America is there any chance of me getting accepted a esta travel to the USA even though i have got a drug driving charge ? Has any ever been accepted a esta or visa after they declared having a criminal record.

I really regret that night and matured so much since. Can someone give me there experience or knowledge of being allowed into America

This was also asked on the United Kingdom forum, and this was how I replied:

"US Law (which is what applies here) is that you must declare any criminal conviction on your ESTA application. If you answer the question untruthfully and are found to have lied, your ESTA will be revoked. If you are denied an ESTA you will be allowed to apply for a visa, and a single drug-related conviction is unlikely to result in a refusal. I don't think I can make it any clearer than that."

Obviously that is only my interpretation of the rules from a UK perspective, so I am willing to stand corrected.

Info once n the ESTA system will not disappear and if you were declined once I would not try again. Once the situation regluarizes - whenever that is, you can make an appt at the nearest embassy to apply in person for a full tourist vis.

It all depends on the officer you get but it sounds like you might be able to put together a package that will support a visa approval (complete education, steady job, family connections, apt rental or house ownership) but there are no specific rules and you will just need to take your chances.'

On another board an american with a single drunk driving conviction was denied entrance to Canada - and although state rules vary federal rules define pot as an illegal drug. But the specific circumstances of your conviction might matter significantly.

I believe you will need to apply for a visa, to the best of my knowledge, but why were you rejected even before you got this charge ( which is how I am reading your original post)?

you cant enter the USA with a criminal record, look at Mexico.

I just noticed that line about how you got rejected for ESTA even BEFORE you had a drug charge. So something is fishy there, I suppose something to do with job/money/no family ties whatever, or maybe you aren't even a UK citizen.,

It isn't true that you can't enter the US with a criminal record, it depends waht the crime was. If you did something that didn't cause any harm to a person or property (excluding illegal drugs), you probably could. The US visa application and ESTA is obsessed with "drugs" versus alcohol, they make a distinction. Of course drugs even marijuan are illegal under Federal laws in the US, I believe, even if states have passed laws. Except maybe for medical use. If you had a drunk driving conviction, not drugs, and had not harmed any person or property, you'd likely get a visa, for example.

I don't think you'll pass ESTA but you could get a visa, depending, who knows, you didn't even get ESTA before this charge, which may be a problem. All you can do is apply and find out. If you were arrested for driving under drugs, you must have been driving badly and/or caused an accident or broken the law; YOu don't get stopped for no reason. We don't know what you did, but whether right or wrong, the US visa application doesn't like drug crimes. I suspect you could get one if you didn't do any harm, and it was just marijuana and your only criminal charge AND you don't have these other pesky issues still around that caused you to get rejected before.

Don’t do the crime if you can’t do the time

You will have to apply for a VISA .. not an ESTA. I hope when you do so you get your story straight.

1) >>after the party i drove home as i was completed fine. Long story short i got drug tested and charged with drug driving.<<

You were "completely fine" when you drove home but "long story short" you somehow got busted. Nice.

2) >>i was already declined when applying for a esta before i got the charge<<

For what were you declined before this drug driving? Another obfuscation.

These kinds of things won't go over well. Straight up tell the truth. Most likely you'll get the VISA but not if you keep lying.

This must be a troll. They say they have a Masters, but don't know how to structure sentences or the difference between their and there. What university gives out degrees to people with such a poor command of English ?

This topic has been closed to new posts due to inactivity.

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Biden administration will propose changes to the asylum process

WASHINGTON — The Biden administration is proposing changes in the asylum process , which will allow immigration officials to reject migrants with criminal records sooner.

The Department of Homeland Security revealed details of the proposed new rule on Thursday.

Under current law, a migrant who arrives at the border and undergoes an initial "credible fear" screening is allowed to continue with the process even if they have a criminal background. They are detained in such cases.

"This is really intended to be a national security and public safety measure," the senior official said. "It’s intended to ensure that the people we are most concerned about can be removed as early as possible in the process."

Individuals "who pose a national security or public safety risk" would be subject to the new rule, "specifically those who have been convicted of a particularly serious crime, participated in the persecution of others, are inadmissible on national security or terrorism-related grounds, or for whom there are reasonable grounds to deem them a danger to the security of the United States," according to a DHS statement.

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Compared to the vast majority of cases, "the number of migrants who are subject to these bars is small," DHS said. The Homeland Security official refused to quantify the potential asylum seekers it would affect.

Immigration experts say asylum eligibility is complicated and questioned whether migrants applying for asylum will have access to legal representation that early in the process.

“The main issue here – which we have found repeatedly – is that when cases move quickly, people can’t get attorneys,” said Austin Kocher, assistant professor at Syracuse University who studies federal immigration enforcement.

“An attorney might be able, on the client’s behalf, to make interventions and provide some balance. But the way the policy is being proposed, they want to move this part of the process so fast, it’s going to be almost impossible for people to get attorneys,” Kocher said.

In an election year, the president is under significant pressure to keep unlawful crossings down.

"Congress hasn’t done anything meaningful on immigration in the lifetimes of most migrants,” Kocher said. “I can completely understand why the Biden campaign and the president himself would want to show they’re doing things to make it tougher at the border to balance out what is an extremely hardline position from the other side.”

President Joe Biden had been considering  new executive actions to crack down on record migration at the southern border after congressional Republicans in February blocked border legislation backed by the White House.

The legislation, which was killed in the Senate, would have given the Department of Homeland Security the power to shut down the border to migrants crossing illegally when daily crossings exceed a daily average of 4,000 in any one-week period.

And if migrant border encounters surpass an average of 5,000 a day − a threshold now met − DHS would have been required to close the border to migrants seeking to cross without prior authorization between ports of entry. 

S wapna Venugopal Ramaswamy is a White House correspondent for USA TODAY.   You can follow her on X, formerly Twitter, @SwapnaVenugopal

US asylum change aims to speed up some rejections at Mexico border

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Reporting by Ted Hesson in Washington; Editing by Mica Rosenberg and Alistair Bell

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Ted Hesson is an immigration reporter for Reuters, based in Washington, D.C. His work focuses on the policy and politics of immigration, asylum and border security. Prior to joining Reuters in 2019, Ted worked for the news outlet POLITICO, where he also covered immigration. His articles have appeared in POLITICO Magazine, The Atlantic and VICE News, among other publications. Ted holds a master's degree from the Columbia University Graduate School of Journalism and bachelor's degree from Boston College.

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The vulgar court record in Trump’s historic criminal trial

Vulgar phrases from ‘orange turd’ to ‘human toilet’ and ‘donald von s***zinpantz’ will live on forever in the court record, article bookmarked.

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When Justice Juan Merchan , the judge presiding over Donald Trump ’s historic hush money trial in New York, found him in contempt of court for a tenth violation of the gag order, he warned the former president that he could face jail time if he continues to offend.

The judge acknowledged the momentousness of jailing a presidential candidate in an election year but told Mr Trump: “At the end of the day I have a job to do, and part of that job is to protect the dignity of the justice system.”

Unfortunately for Judge Merchan, “dignity” has been a commodity in short supply in the trial.

During three weeks of testimony at Manhattan Criminal Court about a conspiracy to buy the silence of an adult film star to cover up an alleged affair, jurors have heard about a cast of decidedly colourful characters and the courtroom has been rife with speculation about flatulence and snoring erupting from the defence bench.

In addition to unexpected references to celebrities – Arnold Schwarzenegger, Tiger Woods , Hulk Hogan and Serena Williams – the trial has served up a wave of astonishingly vulgar phrases.

These filthy terms have now been entered into the court record where they will live on forever as part of the historic first criminal trial of an American president.

‘Donald Von S***zInPantz’

This nasty nickname for Mr Trump was coined by Michael Cohen , his estranged former “fixer” and attorney who is expected to be the prosecution’s star witness when he takes the stand next week.

The crude name had to be entered into the public record after Mr Trump’s attorney Todd Blanche read aloud one of Cohen’s X posts using the name on 2 May, with the defence arguing that the offending post was a reason to lift the former president’s gag order.

“Everybody can say anything they want, except for President Trump,” Mr Blanche complained to Judge Merchan, before presenting a number of Cohen’s social media posts taunting his old boss.

“This one says, oh my, ‘S****InPantz’,” the lawyer said, as he displayed a screenshot of the X post from 24 April.

“Keep whining, crying and violating the gag order you petulant defendant,” Mr Blanche continued, still quoting Cohen’s post.

Another comment from the same source two days prior read out by Mr Blanche said: “Hey Von S****InPantz… Your attacks on me stink of desperation. We are all hoping that you take the stand in your defence.”

Cohen later took to X to vow to refrain from posting further about the case until after his testimony in the trial is complete “out of respect for Judge Merchan and the prosecutors”.

‘Human toilet’

Human toilet was then entered into the court record as the phrase cropped up during Stormy Daniels’ time on the stand, where she testified about the alleged sexual encounter she had with Mr Trump in 2006. The former president is charged with falsifying business records over a $130,000 hush money payment to silence her about the tryst as he campaigned for the White House in 2016.

During her second day of testimony on 9 May, the adult film star was confronted by Ms Necheles about her response to the attacks she suffered from angry Trump supporters on social media.

The defense lawyer argued that the witness had boasted at one stage that she would be “instrumental” in putting the former president behind bars.

“Show me where I said will be instrumental in putting Trump in jail,” Ms Daniels fired back.

In response, Ms Necheles pulled up some tweets including one in which someone had written, in the hope of disparaging the trial: “Michael Cohen and Stormy Daniels aka THE HUMAN TOILET are their star witnesses.”

‘Orange turd’

How did Ms Daniels’ respond to the above insult on X?

By responding to the post with her own, saying: “Exactly! Making me the best person to flush the orange turd down.”

Under cross-examination, she was asked to elaborate on her post.

She explained with a smirk: “Pretty sure that it’s hyperbole, if someone calls me a toilet, that I can flush somebody. I’m also not a toilet.”

Not satisfied by the clarification, Ms Necheles persisted: “I’m asking you what you mean when you said orange turd.”

“I absolutely meant Mr Trump,” Ms Daniels answered, before, commendably, accusing the lawyer of trying to put words in her mouth “because it doesn’t say being instrumental”.

‘Make America Horny Again’

When the story about Mr Trump’s alleged infidelity and its coverup first broke in early 2018, Ms Daniels happened to be in the midst of a nationwide tour of strip clubs under the title “Make America Horny Again” – an obvious parody of Mr Trump’s signature campaign slogan.

Ms Daniels was asked about that too by Ms Necheles, as the defence tried to argue that the adult film star had profited repeatedly from her story about the former president.

“I did not name that tour and I fought it tooth and nail,” Ms Daniels testified, noting that contracts were already in place so it proved impossible.

Ms Necheles next presented a flyer with a photo of Ms Daniels and Mr Trump together at the celebrity golf tournament at which they met, with the tagline: “HE SAW HER LIVE. YOU CAN TOO!”

“I never reposted anything with this photo,” Ms Daniels said. “I never used that tagline. I hated it.”

The defence attorney countered: “You were selling yourself to people who hated President Trump, as someone who could get President Trump indicted?”

“These are strip club patrons who are fans of my work,” the witness answered, pointedly refusing to lose her cool.

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The huge solar storm is keeping power grid and satellite operators on edge

Geoff Brumfiel

Willem Marx

NASA's Solar Dynamics Observatory captured this image of solar flares early Saturday afternoon. The National Oceanic and Atmospheric Administration says there have been measurable effects and impacts from the geomagnetic storm. Solar Dynamics Observatory hide caption

NASA's Solar Dynamics Observatory captured this image of solar flares early Saturday afternoon. The National Oceanic and Atmospheric Administration says there have been measurable effects and impacts from the geomagnetic storm.

Planet Earth is getting rocked by the biggest solar storm in decades – and the potential effects have those people in charge of power grids, communications systems and satellites on edge.

The National Oceanic and Atmospheric Administration says there have been measurable effects and impacts from the geomagnetic storm that has been visible as aurora across vast swathes of the Northern Hemisphere. So far though, NOAA has seen no reports of major damage.

The Picture Show

Photos: see the northern lights from rare, solar storm.

There has been some degradation and loss to communication systems that rely on high-frequency radio waves, NOAA told NPR, as well as some preliminary indications of irregularities in power systems.

"Simply put, the power grid operators have been busy since yesterday working to keep proper, regulated current flowing without disruption," said Shawn Dahl, service coordinator for the Boulder, Co.-based Space Weather Prediction Center at NOAA.

NOAA Issues First Severe Geomagnetic Storm Watch Since 2005

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"Satellite operators are also busy monitoring spacecraft health due to the S1-S2 storm taking place along with the severe-extreme geomagnetic storm that continues even now," Dahl added, saying some GPS systems have struggled to lock locations and offered incorrect positions.

NOAA's GOES-16 satellite captured a flare erupting occurred around 2 p.m. EDT on May 9, 2024.

As NOAA had warned late Friday, the Earth has been experiencing a G5, or "Extreme," geomagnetic storm . It's the first G5 storm to hit the planet since 2003, when a similar event temporarily knocked out power in part of Sweden and damaged electrical transformers in South Africa.

The NOAA center predicted that this current storm could induce auroras visible as far south as Northern California and Alabama.

Extreme (G5) geomagnetic conditions have been observed! pic.twitter.com/qLsC8GbWus — NOAA Space Weather Prediction Center (@NWSSWPC) May 10, 2024

Around the world on social media, posters put up photos of bright auroras visible in Russia , Scandinavia , the United Kingdom and continental Europe . Some reported seeing the aurora as far south as Mallorca, Spain .

The source of the solar storm is a cluster of sunspots on the sun's surface that is 17 times the diameter of the Earth. The spots are filled with tangled magnetic fields that can act as slingshots, throwing huge quantities of charged particles towards our planet. These events, known as coronal mass ejections, become more common during the peak of the Sun's 11-year solar cycle.

A powerful solar storm is bringing northern lights to unusual places

Usually, they miss the Earth, but this time, NOAA says several have headed directly toward our planet, and the agency predicted that several waves of flares will continue to slam into the Earth over the next few days.

While the storm has proven to be large, predicting the effects from such incidents can be difficult, Dahl said.

Shocking problems

The most disruptive solar storm ever recorded came in 1859. Known as the "Carrington Event," it generated shimmering auroras that were visible as far south as Mexico and Hawaii. It also fried telegraph systems throughout Europe and North America.

Stronger activity on the sun could bring more displays of the northern lights in 2024

While this geomagnetic storm will not be as strong, the world has grown more reliant on electronics and electrical systems. Depending on the orientation of the storm's magnetic field, it could induce unexpected electrical currents in long-distance power lines — those currents could cause safety systems to flip, triggering temporary power outages in some areas.

my cat just experienced the aurora borealis, one of the world's most radiant natural phenomena... and she doesn't care pic.twitter.com/Ee74FpWHFm — PJ (@kickthepj) May 10, 2024

The storm is also likely to disrupt the ionosphere, a section of Earth's atmosphere filled with charged particles. Some long-distance radio transmissions use the ionosphere to "bounce" signals around the globe, and those signals will likely be disrupted. The particles may also refract and otherwise scramble signals from the global positioning system, according to Rob Steenburgh, a space scientist with NOAA. Those effects can linger for a few days after the storm.

Like Dahl, Steenburgh said it's unclear just how bad the disruptions will be. While we are more dependent than ever on GPS, there are also more satellites in orbit. Moreover, the anomalies from the storm are constantly shifting through the ionosphere like ripples in a pool. "Outages, with any luck, should not be prolonged," Steenburgh said.

What Causes The Northern Lights? Scientists Finally Know For Sure

The radiation from the storm could have other undesirable effects. At high altitudes, it could damage satellites, while at low altitudes, it's likely to increase atmospheric drag, causing some satellites to sink toward the Earth.

The changes to orbits wreak havoc, warns Tuija Pulkkinen, chair of the department of climate and space sciences at the University of Michigan. Since the last solar maximum, companies such as SpaceX have launched thousands of satellites into low Earth orbit. Those satellites will now see their orbits unexpectedly changed.

"There's a lot of companies that haven't seen these kind of space weather effects before," she says.

The International Space Station lies within Earth's magnetosphere, so its astronauts should be mostly protected, Steenburgh says.

In a statement, NASA said that astronauts would not take additional measures to protect themselves. "NASA completed a thorough analysis of recent space weather activity and determined it posed no risk to the crew aboard the International Space Station and no additional precautionary measures are needed," the agency said late Friday.

People visit St Mary's lighthouse in Whitley Bay to see the aurora borealis on Friday in Whitley Bay, England. Ian Forsyth/Getty Images hide caption

People visit St Mary's lighthouse in Whitley Bay to see the aurora borealis on Friday in Whitley Bay, England.

While this storm will undoubtedly keep satellite operators and utilities busy over the next few days, individuals don't really need to do much to get ready.

"As far as what the general public should be doing, hopefully they're not having to do anything," Dahl said. "Weather permitting, they may be visible again tonight." He advised that the largest problem could be a brief blackout, so keeping some flashlights and a radio handy might prove helpful.

I took these photos near Ranfurly in Central Otago, New Zealand. Anyone can use them please spread far and wide. :-) https://t.co/NUWpLiqY2S — Dr Andrew Dickson reform/ACC (@AndrewDickson13) May 10, 2024

And don't forget to go outside and look up, adds Steenburgh. This event's aurora is visible much further south than usual.

A faint aurora can be detected by a modern cell phone camera, he adds, so even if you can't see it with your eyes, try taking a photo of the sky.

The aurora "is really the gift from space weather," he says.

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What marijuana reclassification means for the United States

The U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug, a historic shift to generations of American drug policy that could have wide ripple effects across the country.

FILE - Marijuana plants are seen at a secured growing facility in Washington County, N.Y., May 12, 2023. The U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug, a historic shift to generations of American drug policy that could have wide ripple effects across the country. (AP Photo/Hans Pennink, File)

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Budtender Rey Cruz weighs cannabis for a customer at the Marijuana Paradise on Friday, April 19, 2024, in Portland, Ore. (AP Photo/Jenny Kane)

Cloud 9 Cannabis employee Beau McQueen, right, helps a customer, Saturday, April 13, 2024, in Arlington, Wash. The shop is one of the first dispensaries to open under the Washington Liquor and Cannabis Board’s social equity program, established in efforts to remedy some of the disproportionate effects marijuana prohibition had on communities of color. (AP Photo/Lindsey Wasson)

WASHINGTON (AP) — The U.S. Drug Enforcement Administration is moving toward reclassifying marijuana as a less dangerous drug. The Justice Department proposal would recognize the medical uses of cannabis , but wouldn’t legalize it for recreational use.

The proposal would move marijuana from the “Schedule I” group to the less tightly regulated “Schedule III.”

So what does that mean, and what are the implications?

WHAT HAS ACTUALLY CHANGED? WHAT HAPPENS NEXT?

Technically, nothing yet. The proposal must be reviewed by the White House Office of Management and Budget, and then undergo a public-comment period and review from an administrative judge, a potentially lengthy process.

Still, the switch is considered “paradigm-shifting, and it’s very exciting,” Vince Sliwoski, a Portland, Oregon-based cannabis and psychedelics attorney who runs well-known legal blogs on those topics, told The Associated Press when the federal Health and Human Services Department recommended the change.

“I can’t emphasize enough how big of news it is,” he said.

It came after President Joe Biden asked both HHS and the attorney general, who oversees the DEA, last year to review how marijuana was classified. Schedule I put it on par, legally, with heroin, LSD, quaaludes and ecstasy, among others.

Biden, a Democrat, supports legalizing medical marijuana for use “where appropriate, consistent with medical and scientific evidence,” White House press secretary Karine Jean-Pierre said Thursday. “That is why it is important for this independent review to go through.”

Cloud 9 Cannabis employee Beau McQueen, right, helps a customer, Saturday, April 13, 2024, in Arlington, Wash. (AP Photo/Lindsey Wasson)

IF MARIJUANA GETS RECLASSIFIED, WOULD IT LEGALIZE RECREATIONAL CANNABIS NATIONWIDE?

Ap audio: what marijuana reclassification means for the united states.

AP correspondent Haya Panjwani reports on a proposal for the federal government to reclassify marijuana in what would be a historic shift that could have wide ripple effects across the country.

No. Schedule III drugs — which include ketamine, anabolic steroids and some acetaminophen-codeine combinations — are still controlled substances.

They’re subject to various rules that allow for some medical uses, and for federal criminal prosecution of anyone who traffics in the drugs without permission.

No changes are expected to the medical marijuana programs now licensed in 38 states or the legal recreational cannabis markets in 23 states, but it’s unlikely they would meet the federal production, record-keeping, prescribing and other requirements for Schedule III drugs.

There haven’t been many federal prosecutions for simply possessing marijuana in recent years, even under marijuana’s current Schedule I status, but the reclassification wouldn’t have an immediate impact on people already in the criminal justice system.

“Put simple, this move from Schedule I to Schedule III is not getting people out of jail,” said David Culver, senior vice president of public affairs at the U.S. Cannabis Council.

But rescheduling in itself would have some impact, particularly on research and marijuana business taxes.

WHAT WOULD THIS MEAN FOR RESEARCH?

Because marijuana is on Schedule I, it’s been very difficult to conduct authorized clinical studies that involve administering the drug. That has created something of a Catch-22: calls for more research, but barriers to doing it. (Scientists sometimes rely instead on people’s own reports of their marijuana use.)

Marijuana plants are seen at a secured growing facility in Washington County, N.Y., May 12, 2023. (AP Photo/Hans Pennink, File)

Schedule III drugs are easier to study, though the reclassification wouldn’t immediately reverse all barriers to study.

“It’s going to be really confusing for a long time,” said Ziva Cooper, director of the University of California, Los Angeles Center for Cannabis and Cannabinoids. “When the dust has settled, I don’t know how many years from now, research will be easier.”

Among the unknowns: whether researchers will be able to study marijuana from state-licensed dispensaries and how the federal Food and Drug Administration might oversee that.

Some researchers are optimistic.

“Reducing the schedule to schedule 3 will open up the door for us to be able to conduct research with human subjects with cannabis,” said Susan Ferguson, director of University of Washington’s Addictions, Drug & Alcohol Institute in Seattle.

WHAT ABOUT TAXES (AND BANKING)?

Under the federal tax code, businesses involved in “trafficking” in marijuana or any other Schedule I or II drug can’t deduct rent, payroll or various other expenses that other businesses can write off. (Yes, at least some cannabis businesses, particularly state-licensed ones, do pay taxes to the federal government, despite its prohibition on marijuana.) Industry groups say the tax rate often ends up at 70% or more.

The deduction rule doesn’t apply to Schedule III drugs, so the proposed change would cut cannabis companies’ taxes substantially.

They say it would treat them like other industries and help them compete against illegal competitors that are frustrating licensees and officials in places such as New York .

“You’re going to make these state-legal programs stronger,” says Adam Goers, of The Cannabist Company, formerly Columbia Care. He co-chairs a coalition of corporate and other players that’s pushing for rescheduling.

It could also mean more cannabis promotion and advertising if those costs could be deducted, according to Beau Kilmer, co-director of the RAND Drug Policy Center.

Rescheduling wouldn’t directly affect another marijuana business problem: difficulty accessing banks, particularly for loans, because the federally regulated institutions are wary of the drug’s legal status. The industry has been looking instead to a measure called the SAFE Banking Act . It has repeatedly passed the House but stalled in the Senate.

ARE THERE CRITICS? WHAT DO THEY SAY?

Indeed, there are, including the national anti-legalization group Smart Approaches to Marijuana. President Kevin Sabet, a former Obama administration drug policy official, said the HHS recommendation “flies in the face of science, reeks of politics” and gives a regrettable nod to an industry “desperately looking for legitimacy.”

Some legalization advocates say rescheduling weed is too incremental. They want to keep the focus on removing it completely from the controlled substances list, which doesn’t include such items as alcohol or tobacco (they’re regulated, but that’s not the same).

Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws, said that simply reclassifying marijuana would be “perpetuating the existing divide between state and federal marijuana policies.” Kaliko Castille, a past president of the Minority Cannabis Business Association, said rescheduling just “re-brands prohibition,” rather than giving an all-clear to state licensees and putting a definitive close to decades of arrests that disproportionately pulled in people of color.

“Schedule III is going to leave it in this kind of amorphous, mucky middle where people are not going to understand the danger of it still being federally illegal,” he said.

This story has been corrected to show that Kaliko Castille is a past president, not president, of the Minority Cannabis Business Association and that Columbia Care is now The Cannabist Company.

___ Peltz reported from New York. Associated Press writers Colleen Long in Washington and Carla K. Johnson in Seattle contributed to this report.

Trump trial highlights: Trump's lawyer grills Stormy Daniels about motives for accepting hush money

What to know about the trial.

• Stormy Daniels, who received hush money to keep quiet about her allegation of a sexual encounter with Donald Trump in 2006, completed her testimony, pushing back at defense lawyers who suggested she had made the whole thing up.
• The prosecution also called Rebecca Manochio , Allen Weisselberg's former assistant at the Trump Organization; Tracey Menzies , a publishing executive; and Madeleine Westerhout , who was Trump's executive assistant at the White House.
• Judge Juan Merchan ruled against the defense's motion for a mistrial and against a motion to adjust the gag order. Merchan previously found Trump violated the gag order 10 times and threatened jail time for future offenses.
• Trump faces 34 counts of falsifying business records to hide the repayment to his former lawyer Michael Cohen for the $130,000 payment to Daniels. He has denied the charges and the alleged affair.

Trump says Merchan's ruling was 'a disgrace'

Megan Lebowitz

In brief remarks to the media outside the courtroom, Trump railed against Judge Merchan, calling him corrupt and saying his ruling was a "disgrace."

He did not specify which ruling he was referring to. Merchan ruled against Trump's team in a motion for a mistrial, as well as a motion to adjust the gag order.

Trump said he has to get back on the campaign trail, adding, "We're so innocent, there's never been anything like it."

Judge says he struck parts of Stormy Daniels' testimony from the record

Jillian Frankel

Gary Grumbach

Alexandra Marquez is based in Washington, D.C.

During a discussion about the defense's renewed request for a mistrial, Judge Merchan said he was surprised it didn't object to certain parts of Daniels' testimony.

Merchan cited one part when Daniels said Trump told her: "I thought we were getting somewhere, we were talking, and I thought you were serious about what you wanted. If you ever want to get out of that trailer park."

"I was offended because I never lived in a trailer park," Daniels said.

The judge said he struck that part of her testimony.

Judge denies motion for a mistrial

Rebecca Shabad is in Washington, D.C.

Judge Juan Merchan ruled against Trump's team's motion for a mistrial after Blanche walked through a series of objections to Daniels' testimony.

It was the second motion for a mistrial to be denied.

Merchan said that after the defense's mistrial motion Tuesday he went back to make sure that there were guidelines and no inconsistencies and that he came away satisfied.

Prosecutor says there weren't many questions to Stormy Daniels about sexual encounter

Steinglass is explaining why Daniels testified about certain sexual details while arguing that there were not many questions about the sexual encounter itself.

Steinglass said he is happy to file a document under seal "about some of the very salacious details that were intentionally omitted because we did not have the desire to embarrass the defendant."

In particular, he discussed Daniels' saying Trump felt like the skin of a 60-year-old, noting those comments were not elicited by prosecutors' questions.

Prosecutors say Trump can testify if he wants to rebut Stormy Daniels

Zoë Richards

Prosecutor Joshua Steinglass defended Daniels' testimony and the prosecution's line of questioning, arguing that the details surrounding her alleged sexual encounter with Trump make her account more credible.

“If they want to offer testimony that the sex never happened, that’s their prerogative,” Steinglass said, saying the defense has gone to great lengths to discredit Daniels' testimony.

'A dog whistle for rape': Trump attorney bashes part of Stormy Daniels' testimony

In his request for a mistrial, Blanche said one of Daniels' answers on the stand was "a dog whistle for rape."

Blanche referred to a list of questions and answers that he said were prejudicial and unfair during Daniels' testimony. The list included an anecdote from Daniels about choosing a workplace that required adult film actors to wear condoms and later saying Trump did not wear a condom during the alleged sexual encounter with her.

"That has nothing to do with the false business record, but it’s so prejudicial. It’s a dog whistle for rape,” Blanche told the judge.

Trump lawyer renews request for a mistrial

Trump lawyer Todd Blanche has renewed his request for a mistrial.

"There is no way this case can go forward" because of Stormy Daniels' testimony over the last few days, Blanche said.

This is the second time Trump's lawyers have requested a mistrial.

Blanche is going through Daniels' testimony and citing each part he finds problematic.

Judge denies motion to adjust Trump's gag order

Judge Juan Merchan has denied a request by Trump's team's to alter the gag order.

Merchan has previously ruled that Trump violated the gag order 10 times, fining Trump a total of $10,000 and threatening him with jail time for any future violations.

Prosecutor on Trump gag order request: 'Let’s not pretend he wants to engage in high-minded discourse'

Chris Conroy, one of the prosecutors, told the judge that modifying the gag order would risk the integrity of the trial.

"Let’s not pretend [Trump] wants to engage in high-minded discourse," Conroy said.

His remarks come after Trump's attorneys requested that the gag order be lifted just in regard to Stormy Daniels, who was on the stand for two days this week.

Trump lawyer asks for gag order exemption to allow Trump to respond to Stormy Daniels

Trump attorney Todd Blanche asked Judge Merchan to allow an exemption to the gag order so that Trump could respond publicly to Stormy Daniels' testimony.

"We ask that President Trump be allowed to respond publicly," Blanche said. “It cannot be that he cannot respond to that, now that she’s off the stand.”

Karen McDougal will not testify, Trump lawyer says

Karen McDougal, who said she had a sexual encounter with Trump, will no longer be called by prosecutors to testify, Trump's lawyer Todd Blanche said this afternoon in court.

Blanche said the district attorney's office informed him that she would not take the stand.

McDougal, a former Playboy model, allegedly had her story about the claimed encounter bought by the National Enquirer.

Witnesses and jury are done for the day, but lawyers to argue legal motions

The jury has been sent home, returning tomorrow. But the lawyers remain, and the defense is expected to present more motions, including their opposition to Stormy Daniels' testimony.

Trump's attorney takes gentler approach with Madeleine Westerhout

Susan Necheles’ gentleness with Westerhout — a young woman who simply made a mistake in her job as Trump's assistant at the White House — is in notable contrast to her harsher tone with Daniels, who was 27 at the time of her alleged sexual encounter with Trump.

Westerhout was fired from the White House at age 28 after bragging about her close relationship with Trump and publicly sharing information about his relationship with his daughters.

Westerhout has become the closest thing Trump has had to a character witness. In contrast to Daniels, who portrayed him as predatorial, Westerhout paints a picture of him as a benevolent, generous family man.

Former Trump assistant said she made a decision to buy a Tiffany's frame for his desk

Prosecutor Rebecca Mangold asked whether Madeleine Westerhout remembers asking Trump about whether he wanted to spend $650 for a Tiffany’s frame for his desk.

“It was a photo of what I remember to be his mother, so he wanted a nice frame," Westerhout told Rhona Graff of the frame's purpose.

She also told Graff in an email that Trump had mentioned a Tiffany's frame despite Graff noting the high price. Westerhout testified, “I may have made the executive decision without his approval. Sorry, sir.”

Crying on the stand, Madeleine Westerhout struggles to get through testimony

Trump's former assistant at the White House began crying on the stand during her testimony after prosecutors asked her to describe Trump and the former first lady's relationship.

Westerhout struggled to get through her testimony and at one point was asked if she needed a minute. "I'm OK," she said through tears.

She said that her 2020 book, "Off the Record: My Dream Job at the White House, How I Lost It, and What I Learned," was intended to detail what she had learned after losing her job at the White House, and also to offer a portrayal of Trump as she knew him.

“I don’t think he was treated fairly and I wanted to tell that story,” Westerhout said.

Westerhout said that occasionally the former president told her to call Melania Trump to let her know he was running late. The comment elicited a smile in the courtroom from Trump.

Trump signed off on over $6K in annual dues to Winged Foot Golf Club

Westerhout, Trump's former executive assistant, testified that Trump personally signed off on checks to Winged Foot Golf Club, where annual dues topped $6,000.

In an exhibit presented by the prosecution, Trump's executive assistant from the Trump Organization, Rhona Graff, wrote, "Dear Mr. President, if winged foot will allow me to suspend your membership for 4–8 years, do you want me to look into it or do you want to continue paying annual dues and the food minimum? — RG."

Trump's handwriting also appears on the invoice, where he wrote, "PAY" and "ASAP OK."

"I believe Rhona was asking him if he wanted to suspend his membership," which he wouldn't have been able to use while president, Westerhout said, "This was included in his stack of checks, so I passed it along in the sense that I gave him this note.”

Stormy Daniels leaves Manhattan criminal court.

Stormy Daniels is photographed leaving the courthouse.

Email shows Trump assistant sent photos of him boarding Air Force One to Allen Weisselberg

Prosecutor Rebecca Mangold entered into evidence an email from Madeleine Westerhout to Rhona Graff that was a photo of Trump boarding Air Force One for the first time, published by The New York Times.

The email said that Trump sent the photo to his family and asked Graff to send it to Allen Weisselberg too.

Westerhout said Trump "wanted Alan to see it as well. First time boarding Air Force One!”

Madeleine Westerhout testifies that she texted Hope Hicks about David Pecker

Westerhout testified that she recalls texting Hope Hicks about David Pecker in 2017, but she has no recollection of talking with him or seeing him at the White House.

On March 20, Westerhout texted Hicks, “Hey — the president wants to know if you called David Pecker again?” but Westerhout testified that she didn't remember what year that text was from.

Former Trump aide asked about email on Michael Cohen visiting the White House

Prosecutor Rebecca Mangold asked Madeleine Westerhout if Michael Cohen came to the White House in 2017, and she said she believed he had.

Prosecutors then displayed an email from Westerhout to Cohen that appeared to show her confirming details to get him into the White House.

“Mr. Cohen was coming in to meet with the president," Westerhout said of the email exchange with Trump's lawyer, noting that while she did not specifically recall seeing Cohen at the White House, the visit did take place.

Prosecutors enters into evidence Trump's contact list

Madeleine Westerhout testified that she was in regular touch with Rhona Graff at the Trump Organization while he was president.

Prosecutor Rebecca Mangold entered into evidence a list of contacts Westerhout said Graff put together of "people he spoke to often, or might want to speak to."

The list included Fox News journalist Bret Baier, MSNBC anchors Mika Brzezinski and Joe Scarborough, Mark Burnett, Michael Cohen, Rupert Murdoch, Fox News' Bill O'Reilly, David Pecker, “SNL” executive producer Lorne Michaels, former Judge Jeanine Pirro, Allen Weisselberg and Serena Williams.

Former Trump assistant describes how he dictated tweets as president

Westerhout, Trump's former assistant at the White House, described on the stand how Trump would dictate his tweets to her and Dan Scavino, who was deputy chief of staff at the time.

She said that when Scavino wasn't available, Trump would call her into the Oval Office and dictate a tweet. She would then go back to her computer, type it up, print it out and give it back to him to look over.

"The president liked to see the tweets before they went out," Westerhout said.

Former assistant says that, as president, Trump preferred phone or in-person communication

Madeleine Westerhout testified that while he was in the White House, Trump preferred to communicate by phone or in person, starting as early as 6 a.m. and at times ending late in the evening after she went to bed.

Asked if he used computers or emailed, Westerhout said not to her knowledge. Instead, he wanted hard copies, she said.

Madeleine Westerhout refers to Trump as 'the former president'

Katherine Doyle

Trump is jutting out his chin as he listens to his former aide, Westerhout, recount her time on the presidential transition and with the nascent Trump administration, where she sat in the “outer” Oval Office with other aides Hope Hicks, John McEntee and Keith Schiller.

Notably, Westerhout refers to Trump as "the former president," and Michael Cohen as “the former president’s lawyer.” Trump's lawyers continuously refer to him as "the president."

Former Trump assistant says there was talk of replacing Trump in 2016 after 'Access Hollywood' tape

Trump assistant Madeleine Westerhout said that after the release of the "Access Hollywood" tape in October 2016, there were conversations about replacing Trump as the GOP presidential nominee.

“At the time, I recall it rattling RNC leadership," she said. “There were conversations about how to — if it was needed — how it would be possible to replace him as a candidate if it came to that."

Madeleine Westerhout, former Trump White House staffer, takes the stand

Prosecutors have called Madeleine Westerhout, who was Trump's executive assistant during the beginning of his term, which is when Trump met with Cohen in the Oval Office.

Westerhout testified that during the election and the transition to the Trump administration, she worked as a greeter in Trump Tower for those who came to pay their respects and congratulate Trump.

Prosecutor presents page from book 'Trump: Think Big'

Prosecutor Rebecca Mangold presented pages from the book "Trump: Think Big" including the title page and the copyright page.

Asked whose names were next to the copyright, Menzies said Trump and Bill Zanker.

Menzies said she's familiar with the book's contents, and there is a version where Trump and Zanker used different fonts to determine which author is speaking. Mangold had Menzies read excerpts from the book.

“I used to say, 'Go out and get the best people, and trust them,'" a page from Trump said. "Over the years I have seen too many shenanigans.”

Trump continued, “I just can’t stomach disloyalty. I put the people who are loyal to me on a high pedestal and take care of them very well. I go out of my way. … This woman was very disloyal, and now I go out of my way to make her life miserable.”

“My motto is 'Always get even.' When somebody screws you, screw them back in spades," Trump wrote.

Prosecutors call Tracey Menzies

The prosecution team has called Tracey Menzies as the next witness. Menzies works at HarperCollins and is testifying as the custodian of records for the book publisher.

Former Trump Org. employee wraps testimony

After her relatively brief time on the stand, the testimony of Rebecca Manochio, Allen Weisselberg's former assistant, is complete. The bulk of her testimony was about sending checks to Trump in the White House to sign, and then receiving the checks back and processing them.

Trump motions to someone in gallery

Trump re-entered the courtroom with his defense team and he looked to the gallery and motioned to someone.

Testimony is resuming.

Stormy Daniels' lawyer says she did an 'excellent job' testifying

Clark Brewster, a lawyer who now represents Daniels, praised her testimony in a statement to NBC News.

“I think she was directly responsive and transparent and did an excellent job of responding directly, simply, and thoroughly and I am proud of how she conducted herself on the stand with courtesy and responsiveness," Brewster said.

"She is shaken by the ordeal and the social media and the attacks and venom that she goes through daily, and she certainly is always concerned about her safety. Both sides got a view of how bright she is and I will tell you I thought she was just outstanding in her ability to relate the facts."

Court breaks for lunch

The jury has been sent to eat lunch, but the lawyers remain in the courtroom to discuss legal motions.

Merchan then said he will send the jury home at 4 p.m. and let the lawyers discuss them afterward.

Stormy Daniels' lawyer says he 'couldn’t be prouder' of her in post on X

Stormy Daniels' lawyer Clark Brewster posted a photo with her on X, saying she was on the stand at Trump's trial for a day and a half, and ended at 12:30 p.m. ET today.

"Couldn't be prouder of my client," he said.

Keith Schiller could testify after he was mentioned by multiple witnessess

It seems increasingly likely to this ex-litigator that Keith Schiller, the former director of Oval Office operations in Trump's White House, will be a witness. Not only has he been discussed by David Pecker and Stormy Daniels, but former Trump aide Hope Hicks and longtime Trump Organization official Jeffrey McConney were asked about Schiller's function and relationship with Trump. 

Former assistant says she would send checks to the White House via FedEx

Summer Concepcion

Prosecutor Becky Mangold asked Manochio if Trump got a new job in 2017, prompting the witness to say that he did.

Mangold asked if he had to relocate for the job, which Manochio replied, “yes.”

“And what was that job?” Mangold asked.

“The president of the United States,” Manochio said.

In response to Mangold’s following questions, Mangold said Deborah Tarasoff, an accounts payable supervisor at the Trump Organization and current employee at the company, cut the checks.

Asked how she sent the checks to the White House, Manochio said she would use FedEx to deliver them about once a week.

Prosecution calls former Trump Org CFO assistant

Prosecutors have called Rebecca Manochio, Allen Weisselberg's former assistant at the Trump Organization, as the next witness. She is being questioned by Becky Mangold, who has largely examined custodial or minor witnesses.

Stormy Daniels is done testifying

Stormy Daniels is done testifying. Her final question was about Trump calling her "horseface" and "sleazebag."

Stormy Daniels says telling the truth about Trump has been negative

Prosecutor Susan Hoffinger asked Stormy Daniels if on balance telling the truth about Trump has been a net positive or a net negative.

The defense team objected but the judge overruled it.

"Negative," Daniels said.

Stormy Daniels testifies that she did not appear before grand jury

Asked by Hoffinger, a prosecuting attorney, Daniels confirmed that she did not testify before the grand jury in this case and that therefore she could not be responsible for the charges. Daniels earlier had been asked by the defense if she felt responsible for the charges.

“You had nothing to do with the charges in this case initially, did you?” Hoffinger asked.

“I did not,” Daniels replied.

Analysis: Prosecutor appears to initially rehabilitate Daniels

Prosecutor Susan Hoffinger is rehabilitating Stormy Daniels, at least initially, by showing how Trump lawyer Susan Necheles showed Daniels incomplete versions of various exhibits, including the texts between her former agent Gina Rodriguez and former National Enquirer editor Dylan Howard and the InTouch article, which contains a disclaimer that it was “lightly edited.”

Hoffinger also showed two tweets that were vaguely threatening or just incredibly mean. Daniels says she was aware on Aug. 4, 2023, that Trump’s infamous “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” tweet was issued and that her perception was that it was directed to her because he sent it shortly after filing a lawsuit against her in Florida to collect the legal fees she owes him.

Trump lawyer didn't ask Stormy Daniels about other details and interactions with Trump

Trump lawyer Susan Necheles didn't ask questions about many of the other details Stormy Daniels shared about the night she says she and Trump had sex in his hotel suite.

Necheles, for example, didn't question that she went to the suite, that Daniels visited the bathroom, that the foyer looked the way she described, that they discussed any of the topics Daniels testified about when asked by the prosecution.

Necheles also didn't ask about her visit to Trump Tower, her attendance at the launch for Trump Vodka, her phone conversations with Trump, and her meeting him at his bungalow at the Beverly Hill Hotel.

Daniels says she took military advice to 'stay high' to avoid trouble

Daniels testified that she took advice from her friend when it came to the nondisclosure agreement she signed. She said her friend relayed a military concept: “get high, stay high.”

“Something won’t happen to you if everyone is looking at you,” she said.

Defense completes cross-examination

The defense has completed cross-examination of Stormy Daniels. Next up should be a redirect from the prosecution.

Stormy Daniels says she last spoke to Trump in 2010, says she didn't have knowledge of Trump-Cohen arrangement

Stormy Daniels said she last spoke to Trump in 2010. Trump lawyer Susan Necheles said that that was a long time ago.

Asked to confirm that she had no personal knowledge of the deal involving Trump and Cohen, she said, "Not directly, no."

Daniels said she hated 'Make America Horny Again' slogan

Stormy Daniels testified that she fired the person who posted advertisements for what was dubbed her "Make America Horny Again" tour.

Necheles, Trump's attorney, asked whether she "hated" that name, to which Daniels replied, "Yes," adding, “At some point I fired my webmaster for posting [those posters].”

GOP Sen. Rick Scott attacks Judge Merchan's daughter during press conference

Speaking to reporters outside of the courthouse, Sen. Rick Scott, R-Fla., a Trump ally who attended today’s court proceedings, said what’s happening to the former president is “wrong” and claimed that he’s facing legal troubles because he’s challenging President Joe Biden in November.

Scott suggested that the hush money trial is an election interference effort by Democrats to silence Trump. The Florida senator echoed Trump’s attacks on Merchan’s daughter, who has worked for a digital fundraising and advertising firm that often works with Democratic politicians — a line of attack that led to Merchan’s decision to expand the gag order against him.

“Now let’s look at who’s involved in doing this. The lead prosecutor was the No. 3 person ... in the Biden Justice Department. The judge’s daughter is a political operative and raises money for Democrats,” he said. “You got the lead prosecutor's wife, is a significant donor to Democrats, I think to Biden. So this is just a bunch of Democrats saying we want to make sure that Donald Trump can’t talk.”

Stormy Daniels insists she felt like she had to have sex with Trump

Trump lawyer Susan Necheles asked Stormy Daniels whether she felt like she had to have sex with Trump.

Necheles asked Tuesday whether Daniels had testified that Trump made nasty comments and stood over her. Daniels responded that she testified that Trump — who was much taller — stood in front of her.

Necheles asked if those actions made Daniels feel like she had to have sex with him. Daniels said Trump didn't give her drugs or alcohol and he didn't have a weapon, but she still felt like she didn't have a choice.

Cross-examination of Stormy Daniels reminiscent of pre-#MeToo era

Laura Jarrett

Legal trials involving disputed claims of sex have historically involved defense attorneys cross-examining survivors on the way they’ve changed their stories over time and highlighting any inconsistencies.

The first criminal trial of a former American president is no exception.

So far, Necheles, Trump's attorney, has insinuated Daniels couldn’t have been intimidated because she worked in porn and was good at making up “phony stories.” Watching this cross-examination by Susan Necheles is almost a throwback to an earlier, pre-#MeToo, time.

Defense lawyer implies porn performer wouldn't be shocked by Trump in his underwear

Trump lawyer Susan Necheles implied during questioning that Daniels was incapable of being shocked by the sight of Trump in his underwear in the hotel room because she has worked on so many adult films.

She mentioned Daniels had had sex in over 250 porn movies, prompting Daniels to reply that she had worked on around 150 adult films.

Necheles then pressed Daniels, saying there are naked men and women having sex in those movies, but according to Daniels, seeing a man in a T-shirt and boxers was so offending that she got lightheaded and nearly fainted?

“Yes,” Daniels replied, adding that it was Trump, an older, much larger man, sitting on the bed, which she was not expecting, and the circumstances included that his bodyguard was standing outside.

"If I came out of the bathroom and it was not my husband, but Mr. Trump instead, I would probably have the same reaction.”

Stormy Daniels and Trump attorney spar over whether she ate dinner on night of affair

During a lengthy exchange about whether or not Daniels ate anything in Trump's hotel room on the night of their affair, Necheles and Daniels sparred about whether there were inconsistencies between what she said on the stand yesterday and several public interviews she did in 2018.

"I never actually got my food … that has not changed," Daniels said after she was pressed about comments she made to CNN years ago.

Daniels insisted again to Necheles later, "I had dinner in the room, but we never got any food, and we never ate anything."

Necheles seems to be trying to undercut Daniels' credibility by interrogating her on whether she ate dinner or just stayed in Trump's hotel room during dinnertime.

Defense lawyer tries to discredit Daniels' description of how Trump got her phone number

Daniels testified that she had first met Trump on the golf course and that he had asked for her number, and recalled saying that to In Touch magazine.

Trump lawyer Susan Necheles then noted that in an interview with the magazine in 2011, Daniels said it was Trump, not his bodyguard Keith Schiller specifically, who asked for her number.

Daniels said she didn’t specify who asked for her number, and that Trump and Schiller were standing together.

Necheles pressed Daniels again, saying Daniels recalled that the first time she met Trump was on the golf course, and that he kept looking at her and asked for her number.

“It was always” Trump, Daniels said.

She said later about the article in In Touch, “This is an entertainment magazine, it is very short and frivolous.”

“It was minus some details” and a short interview, she added.

Trump lawyer tells Stormy Daniels she makes 'phony stories about sex'

Trump attorney Susan Necheles asked Stormy Daniels about her experience in the adult film industry. Daniels said she directed 150 sex films "give or take."

“You have a lot of experience making phony stories about sex," Necheles said.

Daniels replied, “Wow. That’s not how I would put it. The sex in the films is very much real, just like what happened to me in that room.”

Necheles then asked Daniels if she had a lot of experience memorizing fictional stories and if she was telling a story about Trump.

“If that story was untrue, I would’ve written it to be a lot better," Daniels said.

Daniels describes other ventures: Haunted house show and tarot card readings

Necheles, Trump's attorney, is continuing to question Stormy Daniels about her other ventures and ways in which she's made money.

In one instance, she asks Daniels about a TV show she filmed about paranormal activity in a New Orleans house.

“It was a lot of interesting and unexplained activities, so I created an entire show," Daniels said, adding, "A lot of the activity was completely debunked, as a giant possum that was under the house for instance.”

Necheles also asked about tarot card readings and related services Daniels has offered, asking, "You claimed to be able to speak with people’s dead relatives, right?"

"I make clear it’s all entertainment,” Daniels replied.

The implication is that Daniels, who now makes money as a “medium,” is a perpetual fraud.

Daniels smirks while detailing profits from merchandise she sells

Daniels, smirking, admits she sells a “Stormy, Saint of Indictments candle,” which sells for $40 each, from which she makes $7 per candle. She said they are made by a store in New Orleans, that she finds them “funny,” and that she sells them through her online store as a result.

Through all the questions about what Daniels was selling, Necheles reaches her ultimate conclusion: That a large part of her income comes from her story about Trump and her claiming credit for his legal predicament.

'Oh, I absolutely meant Mr. Trump,' Stormy Daniels says about tweet referenced by Trump lawyer

Trump lawyer Susan Necheles showed Stormy Daniels a tweet she had re-tweeted in which someone called her a "human toilet" and wrote "Exactly! Making me the best person to flush the orange turd down."

"I don't see the word instrumental or jail," Daniels said.

Daniels said it was hyperbole. Asked if she was referring to Trump, Daniels said it doesn't say that and that it was up to interpretation.

"I'm also not a toilet," Daniels added.

Necheles asked again what she meant by orange turd.

"Oh, I absolutely meant Mr. Trump," she said.

Stormy Daniels accuses Trump attorney of trying to 'trick' her

As Necheles questioned Daniels about how much money she made for a documentary film that aired on NBC's streaming platform, Peacock, Daniels alleged that Necheles was "trying to trick me into saying something that’s not entirely true."

Earlier, Necheles asked Daniels whether she was paid $120,000 for the documentary, but Daniels disputed that number, saying she was paid $100,000 for footage previously filmed, not for sitting for an interview with the documentary producers. She added that some of the money also went toward paying those who filmed parts of the eventual documentary.

Analysis: Defense tries to paint Stormy Daniels as a promiscuous person

The defense’s attempts to color Daniels as nutty and slutty is a constant. For example, they accused her of having an affair with a cameraman on her documentary while still married to someone else; that cameraman is now her husband, and she was separated at that time, Stormy insisted.

Stormy Daniels says that her book contract was for $800K

Trump lawyer Susan Necheles elicited from Stormy Daniels that her book contract, which came about after her "60 Minutes" interview, was for $800,000 and asked her whether the main reason she was paid for the book was her story about having sex with Trump.

The defense is not interrogating the details about the sexual encounter; instead, they are insinuating that Daniels is not credible because of a combination of her financial motivations, her exploitation of her own sexuality and her hatred of Trump.

She maintained she was not “selling herself to a new demographic” but was “doing the same job she always did.”

Stormy Daniels denies naming her tour 'Make America Horny Again'

After pressing Daniels on the centerpiece of the book she wrote, Trump lawyer Susan Necheles asked her about the tour of strip clubs she went on that was dubbed “Make America Horny Again” — a play on words referencing Trump’s campaign slogan, “Make America Great Again.”

“I did not name that tour and I fought it tooth and nail,” she said.

Stormy Daniels: 'Nobody would ever want to publicly say that' they had sex with Trump

Necheles, Trump's attorney, continued her questioning of Daniels, insinuating that "even though you had agreed that you would not discuss this supposed story and you had received a lot of money for that agreement, you then decided that you wanted to publicly say that you had sex with Donald Trump.”

Daniels answered that this was not the case, and that "nobody would ever want to publicly say that.”

She added that she felt she had to speak out after Cohen started sharing the story. Daniels also clarified that she made no money for speaking with CBS' "60 Minutes" about the story.

Cross-examination underscores defense strategy: Just seed some doubt

Ginger Gibson Senior Washington Editor

The cross-examination is a bit all over the place but the unifying strategy is there: find some holes to poke in Daniels' credibility.

The defense just spent considerable time trying to prove that Daniels had a political motive for wanting to out Trump's story, that she was trying to hurt his election bid. But wouldn't that bolster the prosecution's argument that Trump had a motive for wanting to silence her?

The defense might not care that it would seem to work in their favor — they're simply trying to mar her testimony in any way. They just need to convince one juror to not believe her.

Judge tells defense to stop wrong audio tape

Trump lawyer Susan Necheles tried to play a recording that was new audio between Keith Davidson and Michael Cohen.

Judge Merchan, however, stopped the audio midtape. "Please stop the tape," he said.

Necheles said the wrong audio was played by mistake. She then presented a transcript of the audio she intended to play.

Davidson : I just didn’t want you to get caught off guard, and I wanted to let you know what was going on behind the scenes. And I would not be the least bit surprised, if, I wouldn’t be the least bit surprised if you see in the next couple of days that Gina Rodriguez’s boyfriend goes out in the media and tells the story that Stormy Daniels, you know, in the weeks prior to the election was basically yelling and screaming, and calling me a p****. 

Cohen: Can I, can I ask you a question? Right.

Davidson:  No, no, hold on one second, I wouldn’t be the least bit surprised if he comes out and says, you know what, Stormy Daniels, she wanted this money more than you can ever imagine. I remember hearing her on the phone saying, you fucking Keith Davidson. You better settle this god-damn story. Because if he loses this selection and he’s going to lose, if he loses this election we lose all f****** leverage this case is worth zero. And if that happens. I’m going to sue you because you lost this opportunity. So settle this f****** case.

Daniels is less combative, more prepared for 'gotcha' moments today

As she kicks off her second day on the stand, Daniels seems less combative and more prepared today.

She knows Trump attorney Necheles has prepared a number of “gotcha” moments, so Daniels has tried to pre-empt that by asking to be shown where she told a Slate reporter that she wanted to be paid for her story as an alternative to being paid for her silence. Daniels resisted the characterization that she just wanted to be paid for her story, but she agreed she wanted the story to be public.

Stormy Daniels says she never asked for money from Trump

Asked by Trump lawyer Necheles if she wanted money from Trump, Daniels said, “No" and that she “never asked for money” from Trump or anyone else.

“No, I never asked for money from anyone in particular, I asked for money to tell my story,” she said.

After Daniels said that she entered negotiations over a nondisclosure agreement and accepted an offer, Necheles pressed her on whether she was going to do a press conference.

“You could have done a press conference?” Necheles asked.

Daniels said, “I chose to be safe.”

“You chose to make money, right?” Necheles asked.

Daniels replied, “I chose to take the nondisclosure.”

Merchan says Daniels' arrest record can't be used in court

Before the jury comes in, Trump lawyer Susan Necheles planned to elicit testimony about Daniels being accused of assault by her now ex-husband, which did not result in a conviction or plea.

Merchan told Necheles that neither the arrest nor the accusation may come into evidence.

Trump says defense team filed a motion challenging gag order

Speaking to cameras before entering the courtroom, Trump criticized the case.

“I think you’ll see some very revealing things today," he said.

Trump said his team just filed a major motion with the appellate division challenging the judge’s gag order in the case. He said that Sen. Rick Scott, R-Fla., is there at court today.

He said the courthouse is closed down like Fort Knox. “It’s like an armed camp down here,” he said, instead of at college campuses handling the protests.

He also offered criticism of Biden with respect to Israel, saying it is "disgraceful," referring to the threat to withhold military aid if Israel invades Rafah.

"If any Jewish person voted for Biden, they should be ashamed of themselves," Trump said.

He said Biden has domestic problems.

"Your problem is from the left, it's not the right," he said. "It's a bigger danger than China and Russia."

Sen. Rick Scott will join Trump in courtroom today

Florida GOP Sen. Rick Scott, who is running for re-election this year, is in the courtroom with the former president today. He entered the courtroom with Trump as part of his entourage.

Scott also appear ed on "Fox & Friends" this morning.

Daniels returns to witness stand for more cross-examination in Trump trial

Dareh Gregorian

Daniels is scheduled to return to the witness stand in the former president’s criminal trial today, when she’ll face more cross-examination by defense attorneys about her now-sworn allegation that she had a sexual encounter with Trump.

Daniels testified Tuesday about the alleged 2006 tryst, which Trump has denied. Her testimony apparently got under the former president's skin, prompting the judge to warn his attorney that he would not tolerate Trump’s cursing while Daniels is on the stand in Manhattan criminal court in New York City.

“I understand that your client is upset at this point, but he is cursing audibly, and he is shaking his head visually, and that’s contemptuous,” Merchan told Todd Blanche in a sidebar, which took place out of earshot of most of the courtroom, according to a court transcript.

“It has the potential to intimidate the witness and the jury can see that,” he said. “You need to speak to him. I won’t tolerate that.”

Read the full story here.

Spotted at the courthouse: Ex-Judge Jeanine Pirro

Seated in the overflow room is former Judge Jeanine Pirro — a staunch defender of Trump who has called the trial a "kangaroo courtroom."

Pirro, who hosts an opinion program on Fox News, is seated in the press section.

Trump leaves for court, and more testimony from Daniels

Brittany Kubicko

The former president has left Trump Tower and is headed to the courthouse downtown, where his lawyers are expected to continue their cross-examination of Daniels this morning.

Will Trump take the stand in his criminal trial?

As prosecutors near the home stretch of their  criminal case  against Trump, one of the biggest questions looming over the historic trial is whether the former president will take the stand in his own defense.

Just last month, before jury selection began, Trump insisted he would be on the witness stand.

“I would testify,  absolutely ,” he said April 12 in response to a question from NBC News. “I’m testifying. I tell the truth, I mean, all I can do is tell the truth. And the truth is that there is no case.”

A week later, after the trial started, he told reporters at the courthouse in Manhattan that “yes,” he will testify.

Since then, Trump has added caveats when asked the same question.

Trump came to face-to-face with Daniels during a day of salacious testimony at his criminal hush money trial. Meanwhile, his federal trial in Florida related to classified documents found at his Mar-a-Lago estate is now on hold indefinitely. NBC’s Laura Jarrett reports for "TODAY."

What to expect in court today

Trump's lawyers are expected to resume their cross-examination of Daniels after court is back in session at 9:30 a.m.

Daniels delivered testimony Tuesday about her alleged sexual encounter with Trump in 2006 and the hush money that came a decade later, near the end of the 2016 presidential campaign.

It is unclear if Daniels will finish her testimony today.

More Trump allies are expected in the courtroom today, including Republican Sen. Rick Scott, who is running for re-election in Trump's home state of Florida.

Here's what you missed when court was last in session

Daniels took the witness stand Tuesday and delivered testimony about her alleged sexual encounter with Trump in 2006, in addition to providing details about a hush money agreement near the end of the 2016 presidential election.

Daniels said that she had sex with Trump at a hotel, and that when she last saw him in 2007, he “kept trying to make sexual advances” when he invited her to see him in Los Angeles.

She also testified that her manager told her that Trump and Cohen were “interested in paying” for her story after the release of the "Access Hollywood" tape in 2016, which she agreed to.

During cross-examination, Trump's lawyers sought to diminish the credibility of Daniels' account. They argued that her testimony “was unduly and inappropriately prejudicial," and asked for a mistrial, which Merchan rejected.

The judge also told one of the defense attorneys to tell Trump he needed to stop "cursing" while Daniels was on the stand, warning that such actions could be viewed as witness intimidation and would not be tolerated.

There were no trial proceedings yesterday.

‘It’s going to be worse’: Brazil braces for more pain amid record flooding

The death toll has climbed to 56 in Brazil’s southern Rio Grande do Sul state, with tens of thousands displaced.

Overpowering floods and mudslides caused by torrential rains are continuing to sweep southern Brazil, killing at least 56 people and forcing tens of thousands out of their homes, the government said.

As well as raising the death toll on Saturday, the country’s civil defence agency said rising water levels in the state of Rio Grande do Sul were straining dams and threatening the metropolis of Porto Alegre.

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Triggered by storms that began on Monday, the flooding is only expected to get worse, local authorities said, as rescuers scoured the ruins of washed-out homes, bridges, and roads for missing people.

“Forget everything you’ve seen, it’s going to be much worse in the metropolitan region,” Governor Eduardo Leite said on Friday as the state’s streets were submerged.

‘Nothing could be saved’

The flooding, Brazil’s worst in 80 years, has so far affected at least 265 municipalities in Rio Grande do Sul, according to the southernmost state’s civil defence department.

It has injured at least 74 people, displaced more than 24,000, and left 350,000 with some form of property damage.

“Nothing could be saved,” said Claudio Almiro, who lost his home and possessions to the flooding.

“Many people have even lost their lives. I raise my hand to heaven and thank God that I’m alive.”

Residents in several cities and towns have been left completely cut off from the world, with no electricity or telephone access, while others have been forced to abandon their livestock.

“You don’t know if the water will continue to rise or what will happen to the animals, they may soon drown,” said Raul Metzel, from Capela de Santana, north of the state’s capital.

Five days in, as the rainfall shows no signs of letting up, four of the state’s dams are at risk of collapsing, creating the risk of a new “emergency situation”, according to civil defence officials.

Brazil’s federal government has sent aircraft, boats and more than 600 soldiers to help clear roads, distribute food, water and mattresses, and set up shelters, while local volunteers have also helped with search efforts.

‘Disastrous cocktail’

Climatologist Francisco Eliseu Aquino said the devastating storms were the result of a “disastrous cocktail” of global warming and the El Nino weather phenomenon.

South America’s largest country has recently experienced a string of extreme weather events, including a cyclone in September that killed at least 31 people.

Aquino said the region’s particular geography meant it was often confronted by the effects of tropical and polar air masses colliding – but these events have “intensified due to climate change”.

And when they coincide with El Nino, a periodic warming of the waters in the tropical Pacific, the atmosphere becomes more unstable, he said.