Client Alert!
Effective Immediately, U.S. Customs and Border Protection (CBP) has revised the criminal history question on the Electronic System for Travel Authorization (ESTA) application — and the change could impact many prospective travelers.
What’s Changed?
Previous Question:
“Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?”
New Question:
“Have you ever been arrested or convicted for any crime?”
This is a significant expansion of the scope of the question.
Immediate Impact
If an applicant answers “Yes” to the new question, they cannot proceed with the ESTA application and are automatically barred from using the Visa Waiver Program (VWP).
Why This Matters
- Arrests without convictions — even those that were dismissed or expunged — may now disqualify a traveler from ESTA.
- This change is expected to affect a large number of applicants who were previously eligible to travel under the VWP.
If you have any questions or concerns about how this affects travel plans, we strongly recommend reaching out to Davidson Law Group before applying for ESTA.
