UK ETA With a US Criminal Record: DUIs & Misdemeanors

If you have a US criminal record — a DUI, a misdemeanor, an old felony — the UK ETA application comes down to two questions: have you been convicted of a crime in the last 12 months, and have you ever had a prison sentence of more than 12 months? The rules behind those questions are short, and most of the “5-year” and “10-year” periods you’ll find online don’t exist for the ETA. This guide explains what the rules actually say, what they mean for common US records, and what to do if your ETA is refused.

Last updated: 27 September 2026. Rules checked against the UK Immigration Rules (Appendix Electronic Travel Authorisation) and the Home Office ETA caseworker guidance.

TL;DR: US travelers visiting the UK need a UK ETA — a digital travel authorization costing £20 (about $26–27), up from £16 on April 8, 2026. It’s valid for 2 years or until your passport expires, whichever comes first, and allows multiple visits up to 6 months each. Apply on GOV.UK or in the official UK ETA app — you will usually get a decision within 1 working day, but it can take up to 3 working days. Unless you hold a UK visa or are only transiting airside at Heathrow or Manchester, you need it before you board your flight to the UK.

This is general information, not legal advice. If your case is borderline — a recent conviction, a sentence close to 12 months, or a disposition you’re unsure how to describe — speak to a qualified UK immigration adviser before you apply.

The Two Criminal-Record Questions on the ETA Form

The ETA form doesn’t ask you to list every conviction you have ever had. According to the Home Office caseworker guidance, it asks two yes/no questions:

• Have you been convicted of a crime in the last 12 months?
• Have you ever had a prison sentence of more than 12 months?

Both questions cover convictions in the UK and overseas, so US convictions count. If you answer “yes” to either one, the form asks for more detail: the nature of the conviction, its date, the country, the type of sentence (custodial or suspended) and its length. Official guidance doesn’t mention any way to upload court documents or add a personal statement; the application asks for your passport details and a photo of your face.

Applications are processed automatically as far as possible. A declared conviction sends the application to a Home Office caseworker, and a decision to refuse is never automated — a person makes it.

What the Rules Say: Appendix ETA, Not Part 9

ETA refusals are governed by Appendix Electronic Travel Authorisation of the Immigration Rules. Paragraph ETA 2.2 says an ETA must be refused if you:

• have been convicted of a criminal offence, in the UK or overseas, for which you received a custodial or suspended sentence of 12 months or more; or
• have been convicted of a criminal offence, in the UK or overseas, unless more than 12 months have passed since the date of conviction.

That’s the whole criminality test. There is no 5-year or 10-year waiting period for the ETA. Older articles often quote Part 9 of the Immigration Rules (paragraph 9.4.1), but Part 9 was replaced by Part Suitability on 11 November 2025, and Part Suitability states that it does not apply to Appendix ETA.

Two other points matter for Americans. First, a suspended sentence counts the same as a prison sentence: a 12-month suspended jail term meets the threshold even if you never spent a day in custody. The length of the sentence the court imposed is what counts, not the time you actually served. Second, the UK’s “spent conviction” rules under the Rehabilitation of Offenders Act 1974 do not apply to immigration decisions (section 56A of the UK Borders Act 2007), so a conviction doesn’t disappear for ETA purposes just because time has passed.

Pro tip: Apply for your UK ETA at least 1 week before travel. GOV.UK says you will usually get a decision within 1 working day, but it can take up to 3 working days.

What This Means for DUIs

If you have a DUI on your record, run it through the two questions:

• Convicted in the last 12 months? If yes, the ETA must be refused, whatever the sentence. Apply for a Standard Visitor visa instead, or wait until more than 12 months have passed since the conviction date.
• Sentence of 12 months or more? Check your court disposition. A fine alone is not a custodial or suspended sentence. If your probation came with a suspended jail term, the length of that suspended term is what counts.
• Older than 12 months, sentence under 12 months? You answer “no” to both questions, and the conviction does not fall under the criminality grounds.

Use the conviction date on your court paperwork, not the arrest date, when working out the 12 months.

Misdemeanors, Arrests and Dismissed Charges

Both ETA questions are about convictions and sentences. An arrest, a charge that was dropped or dismissed, or a case the prosecutor declined is not a conviction. A misdemeanor conviction is treated like any other conviction: what matters is when it happened and the sentence you received.

Official guidance doesn’t address US deferred adjudication or pre-trial diversion. Home Office guidance on deferred sentences (where sentencing is postponed) tells caseworkers to put an application on hold until the person is finally sentenced, but that’s a different procedure. If your case ended in deferred adjudication, get advice from a UK immigration adviser before you answer.

For overseas convictions, caseworkers look at the nature of the offense rather than its title, and refuse if it meets the thresholds and has a direct equivalent in UK criminal law. A conviction for conduct that isn’t an offense in the UK should not, on its own, be the reason for a refusal.

The “Not Conducive to the Public Good” Ground (ETA 2.3)

Passing the two criminality questions doesn’t guarantee an ETA. Paragraph ETA 2.3 says an ETA must also be refused where your presence in the UK is not conducive to the public good because of your conduct, character, associations or other reasons — explicitly including convictions that fall outside the criminality grounds. This is the ground that can apply to someone with a long record of older convictions, even if none of them meets the 12-month tests.

An approved ETA also doesn’t guarantee entry. It lets you travel and ask for permission to enter at the border, where a Border Force officer makes the final decision.

Expunged, Sealed and Juvenile Records: What We Know Officially

No GOV.UK or Home Office source says you can answer “no” for a conviction that was expunged or sealed under US law. The Home Office’s general criminality guidance says immigration applicants must disclose all offenses and penalties, in the UK and overseas, and UK spent-conviction rules don’t apply to immigration decisions.

Juvenile records aren’t exempt either. The ETA caseworker guidance says overseas convictions that meet the ETA 2.2 criteria and have a direct equivalent in UK criminal law must be refused, adding that “this applies regardless of age” — without spelling out whether that means the applicant’s age or how old the conviction is. Because the ETA form only asks about the last 12 months and about sentences over 12 months, most old juvenile matters won’t trigger either question — but if one does, the rules make no exception for it. If you’re unsure how your expungement or sealing order should be treated, get advice from a UK immigration adviser before applying.

How to Answer the ETA Questions

Answer truthfully, using your court documents. If you answer “yes”, have the details ready: the offense, conviction date, country, whether the sentence was custodial or suspended, and its length. It’s also worth ordering your FBI Identity History Summary ($18 when requested directly from the FBI) and your court dispositions before you apply. Official guidance doesn’t mention a way to upload them with the ETA, but you’ll need them if you end up applying for a visa.

Don’t be tempted to answer “no” to make the application go through. False information or non-disclosure in a current or previous ETA application is a mandatory refusal ground (ETA 2.5) and a reason to cancel an ETA already granted. Seeking an ETA by deception is also a criminal offense under section 24A of the Immigration Act 1971.

What Can I Do If My ETA Is Refused?

There is no appeal or administrative review for an ETA decision. The next step depends on the outcome:

• Rejected (for example, an invalid photo): fix the problem and apply again.
• Refused: you need to apply for a visa. There is no fixed waiting period before you can do so.

For a tourist or business trip, that means a Standard Visitor visa. You apply online before you travel, then attend an appointment at a visa application centre to give your biometrics and documents. It costs £135 for up to 6 months, and you’ll usually get a decision within 3 weeks of proving your identity and providing your documents. Unlike the ETA, a visa application lets you submit supporting evidence and explain your circumstances.

You don’t have to wait for a refusal. GOV.UK says that if you have a criminal record or were previously refused entry to the UK, you may want to apply for a Standard Visitor visa instead of an ETA — and if you hold a visa, you don’t need an ETA.

Quick Reference: US Records and the ETA Questions

This table applies the two ETA questions and paragraphs ETA 2.2 and 2.3 to common situations:

FAQ: UK ETA and US Criminal Records

Do I have to declare a US DUI on my UK ETA?

Only if it triggers one of the two questions: a conviction in the last 12 months, or a prison sentence of more than 12 months. An arrest or dismissed charge is not a conviction.

Will a 10-year-old DUI block my UK ETA?

Not under the criminality grounds, as long as you didn’t receive a custodial or suspended sentence of 12 months or more. An ETA can still be refused if your presence is judged not conducive to the public good (ETA 2.3).

Can I lie on the ETA application?

No. False information or non-disclosure is a mandatory ground for refusing an ETA and counts against future ETA applications. Seeking an ETA by deception is also a criminal offense under section 24A of the Immigration Act 1971.

What if my record is expunged or sealed?

No UK guidance confirms that a conviction expunged or sealed under US law can be answered “no”, and UK spent-conviction rules don’t apply to immigration decisions. Get advice from a UK immigration adviser if the conviction would otherwise trigger one of the questions.

Do I need a lawyer?

Not for dismissed charges or older convictions that don’t trigger either question. For a recent conviction, a sentence near 12 months, or a disposition such as deferred adjudication or expungement, advice from a UK immigration adviser is worth getting.

Does a misdemeanor affect my UK ETA?

Only if it triggers one of the two ETA questions. A US misdemeanor conviction is treated like any other conviction: what matters is whether you were convicted in the last 12 months and whether you received a custodial or suspended sentence of 12 months or more. An arrest or dismissed charge is not a conviction.

Does a suspended sentence count for the UK ETA?

Yes. Under paragraph ETA 2.2(a), a suspended sentence counts the same as a prison sentence. What matters is the length the court imposed, not the time you served, so a suspended sentence of 12 months or more leads to refusal no matter how long ago it was.

Can I transit through Heathrow without a UK ETA if my record bars entry?

Transit without passing through UK border control (airside transit) does not currently require an ETA at Heathrow and Manchester. If your connection takes you through UK border control, you need an ETA. Check the terminal path for your specific connection.

What can I do if my ETA is refused?

There is no appeal. Apply for a Standard Visitor visa (£135, applied for online, with an appointment at a visa application centre); a decision usually comes within 3 weeks.

Common Mistakes with Criminal Record Declarations

First mistake: declaring an arrest as a conviction. Second mistake: using a “5-year” or “10-year” rule from an old article — the ETA tests are 12 months since conviction and a sentence of 12 months or more. Third mistake: forgetting that a suspended sentence counts. Fourth mistake: expecting to explain your case in the ETA form — the form asks only for structured details of the conviction, and official guidance doesn’t mention any way to upload documents or add a personal statement; a visa application is the route for that.

Fifth mistake: applying at the last minute. A declared conviction means a caseworker reviews your application, and a refusal means applying for a visa, which usually takes around 3 weeks. Our ETA application guide covers the standard process, and the ETA status check guide shows how to confirm your ETA once it’s granted.

Final Notes on ETA with Criminal History

The UK doesn’t ban Americans with records across the board. A conviction more than 12 months old that didn’t lead to a custodial or suspended sentence of 12 months or more does not fall under the ETA criminality grounds. A recent conviction or a longer sentence means a visa application, where you can submit evidence. Whatever your record, answer the questions truthfully.

Furthermore, for general ETA mechanics, see our ETA application guide. For dual citizens with records, the dual citizens guide explains passport-choice strategy. Additionally, the ESTA vs UK ETA comparison covers parallel US rules.

For official guidance and to apply, see gov.uk — Apply for a UK Electronic Travel Authorisation.

For more UK ETA information for U.S. travelers, see the UK ETA guide at visaeta.uk and the detailed comparison resource at etavisauk.org. Neither is a government website; the only official way to apply is on GOV.UK or in the UK ETA app.

Related Reading

• UK ETA Transit Rules: Do Americans Need ETA for London Layovers
• How to Pay Safely for Your UK ETA Application
• ETIAS for Americans: What You Need to Know Before Launch
• UK ETA for Cruise Passengers: Do You Need One?
• UK ETA vs ESTA: Complete Comparison for Americans
• Best Time to Visit the UK in 2026
• UK Weather Guide for Americans: Month by Month
• Packing List for UK Trip: What to Bring From the US