1

We get this question so often I'm beginning to wonder if there's anybody outside the United States who doesn't have a criminal record. There's no guarantees whatever you do since the Immigration folks in the US are given free rein. However, a spray painting arrest that was later dropped doesn't sound too much like "moral turpitude". OP, if I was in your position, I'd go ahead and spend the $14 for ESTA and see what happens.

2

It's not a crime of moral turpitude.
You are still eligible for the VWP (assuming you meet the other requirements).

3

But it does sound like a case for mural turpentine.

4

peaceful graffiti malicious property damage. thou didst protest too much, methinks.

5

As one post has already said, yours was not a crime involving moral turpitude... see here:
http://wiki.answers.com/Q/Lists_of_crimes_of_moral_turpitude&src=ansTT

Even some allegations of assault are not considered to be a crime of moral turpitude, for example a person commits simple assault against another person perhaps in a the heat of the moment may not be considered a crime of moral turpitude, as the intent was not evil and there was no considered intention to hurt the person then this would not be a crime of moral turpitude. Anyway, see the link.

Edited by: FascinatedByTheWorld

Edited by: FascinatedByTheWorld

6

However, for what its worth I personally will not be visiting the USA again as being ineligible for the VWP if arrested even without conviction is a step too far and is an offense against the judicial systems of many non-USA countries. Some years ago I witnessed an incident, I was working on site with two other engineers, my manager was also on site and there was a woman, perhaps in her mid fifties flirting heavily with the manager. After some weeks on site it was our last day before moving to the next job, the woman was dissapointed and clealry angry that the manager was not interested in developing a relationship with her (he was some 15 years younger than her), and, for reasons beyond my understanding of human nature she made a false allegation to the police that on our last day on the job my manager 'grabbed' her backside. Myself and three other witnesses were in the room at the time of the alleged incident and we knew that it was absolute fantasy. Never-the-less he was arrested, the police took our statements, and some weeks later no charges were brought against him, rightly so. I still work with this gentleman, and to this day he is re-living this nightmare because he can never take a holiday to the USA, and he says it's the only place left that he'd like to see. The man is 100% innocent. The USA are getting this wrong. Innocent people are arrested every day throughout the course of police investiagtions.

7

how about the chances of
-an australian at 19 got deported (back to mexico)
-recieved the charge forgien alien smuggling due to the mexican she hid in her van (who was her manipulative boyfriend at the time)
-got her visa cancelled (she had one at the time for a visit to California she took earlier that year which was still valid when she re-entered into the States)
getting an esta for a stopover flight to australia?
doesnt sound very likey hey. i realise how stupid i am so no need to state the obvious.

8

#8, the ESTA is simply a pre-clearance system for the Visa Waiver Program, which tells authorities that you are not on a known list of bad guys and are allowed to fly or sail to the US (where the immigration official you receive will determine whether or not to let you enter).
It is not the means by which you enter. You enter under the VWP.

If your visa waiver was revoked, you need a full visa to enter the US. You are ineligible to use the VWP. If you attempt to enter without a visa, you will immediately be denied at the border. Yes, they will know.
If the visa was revoked, it will be incredibly difficult to get a new one.
You cannot enter or transit through the US without a legal means to enter the US. Find a new flight.

Also, in the future please start your own threads. This helps us see your question better, and avoids confusion.