{"id":1862,"date":"2026-04-24T18:00:00","date_gmt":"2026-04-24T18:00:00","guid":{"rendered":"https:\/\/etavisauk.org\/en\/?p=1862"},"modified":"2026-10-26T08:10:26","modified_gmt":"2026-10-26T08:10:26","slug":"uk-eta-and-criminal-record-questions-explained-2026","status":"publish","type":"post","link":"https:\/\/etavisauk.org\/en\/uk-eta-and-criminal-record-questions-explained-2026\/","title":{"rendered":"UK ETA and Criminal Record Questions Explained 2026"},"content":{"rendered":"

Last updated: 19 October 2026<\/em><\/p>\n\n

The UK ETA application asks critical questions about your criminal history. Understanding what the form requires\u2014and what triggers automatic refusal versus what you can safely disclose\u2014is essential before you apply. The ETA criminal record section asks about any conviction in the last 12 months, any prison sentence of more than 12 months at any time, and any involvement in war crimes, terrorism or extremism. Although the UK’s Rehabilitation of Offenders Act 1974 lets many convictions become ‘spent’ after a set period, spent convictions are not protected in immigration decisions, so you must answer the ETA questions exactly as they are asked. This guide explains the ETA criminal record questions in detail, covers which convictions typically result in refusal, and clarifies what happens if your application is rejected.<\/p>\n\n

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What Does the UK ETA Application Ask About Criminal Records?<\/h2>\n\n

The ETA form poses three distinct criminal record questions. First, it asks if you have any convictions in the past 12 months anywhere in the world. Second, it asks whether you have ever had a prison sentence of more than 12 months, regardless of when it was imposed. Third, it asks about any involvement in war crimes, terrorism or extremism. These questions are designed to assess risk quickly using straightforward criteria. Moreover, the form does not ask about arrests without conviction or charges that were dropped. The ETA criminal record check is automated at first; if you answer ‘yes’ to any question, your case goes to a human review officer. Therefore, accurate disclosure at this stage is vital.<\/p>\n\n

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The Rehabilitation of Offenders Act 1974 and 'Spent' Convictions<\/h2>\n\n

In the UK, the Rehabilitation of Offenders Act 1974 allows most convictions to become ‘spent’ after a rehabilitation period. However, spent convictions are not protected in immigration decisions such as an ETA application (section 56A of the UK Borders Act 2007). The rehabilitation period depends on the sentence: custodial sentences under six months become spent after five years; sentences of 6\u201330 months become spent after ten years. Non-custodial sentences (fines, community orders) become spent much faster\u2014typically 12 months after conviction. However, certain offences never become spent, including sexual offences against children, terrorism convictions, and offences resulting in sentences of more than 30 months. Consequently, if a conviction falls under the ETA questions \u2013 a conviction in the last 12 months, or a prison sentence of more than 12 months at any time \u2013 you must answer ‘yes’, even if it is spent under UK law.<\/p>\n\n

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Convictions That Typically Trigger ETA Refusal<\/h2>\n\n

ETA refusals are not based on a list of offence types. Under Appendix ETA of the Immigration Rules, an ETA must be refused if you have had a custodial or suspended sentence of 12 months or more, or have been convicted of any offence in the last 12 months \u2013 whether it involved violence, drugs, dishonesty or anything else. An ETA must also be refused if you are considered non-conducive to the public good, for example because of war crimes, terrorism or extremism. Moreover, immigration offences\u2014such as entering the UK illegally or overstaying a previous visa\u2014are grounds for refusal. Caseworkers have no discretion here: if one of these grounds applies, the ETA must be refused, and you will need to apply for a visa instead.<\/p>\n\n

Convictions That May Not Cause Refusal<\/h2>\n\n

Not every conviction results in ETA refusal. Parking fines and fixed penalty notices do not count. Older convictions with shorter sentences\u2014for example a fine for speeding, drink-driving, simple possession of cannabis or shoplifting\u2014do not on their own lead to refusal once they are more than 12 months old. However, any conviction in the last 12 months, however minor, means your ETA must be refused. ETA decisions involve no discretion: caseworkers do not weigh up the nature of an offence, how long ago it happened or your behaviour since.<\/p>\n\n

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How the Home Office Conducts Criminal Record Checks<\/h2>\n\n

ETA applications are checked automatically as far as possible, against Home Office records and your own answers about criminal convictions and involvement in war crimes, terrorism or extremism. If you declare a criminal record, or if adverse information turns up in Home Office records, your application is referred to a caseworker for a decision. The Home Office does not publicly confirm which other databases it uses. If they discover an undisclosed conviction, your application will be refused and you may face criminal charges for making false statements on an official form. Therefore, attempting to hide a conviction is far riskier than disclosing it truthfully. Most applicants get a decision within one working day, but it can take up to three working days, and longer if your application is referred to a caseworker.<\/p>\n\n

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What Happens If Your ETA Is Refused for Criminal Reasons<\/h2>\n\n

If your ETA application is refused due to criminal convictions, you cannot simply reapply for another ETA. Instead, you must apply for a standard UK visitor visa through the normal visa application process. This process is significantly more expensive (\u00a3135 versus \u00a320 for an ETA), usually takes about 3 weeks from your biometric appointment, and requires more detailed documentation including character references and a statement explaining your convictions and rehabilitation. Moreover, a visa refusal will be recorded on your immigration file. In future applications\u2014whether for the ETA, a visa, or residency\u2014you must disclose the previous refusal. Indeed, failing to disclose a previous refusal counts as a false representation: an ETA application must then be refused, and if deception was used in an application for entry clearance, further applications will normally be refused for 10 years. Consequently, being honest about a refusal in your next application is essential. Some travellers with historical criminal records successfully obtain visitor visas by demonstrating rehabilitation, employment stability, and ties to their home country.<\/p>\n\n

Pardons, Expungements, and Criminal Record Removal<\/h2>\n\n

Pardons and expungements exist in many countries but have limited effect on UK ETA decisions. If you have received a pardon from your home country government, you should provide supporting documentation with your ETA application or visa application. However, the UK Home Office does not automatically recognise foreign pardons; they conduct their own assessment. Similarly, expungement (legal deletion of a conviction record in your home country) does not necessarily change how the UK treats a conviction: you must disclose convictions both in the UK and abroad where the application asks for them. Consequently, even if your home country has removed a conviction from your record, the UK may still know about it. Furthermore, if you believe a conviction was unjust or has been overturned by a court, you should gather all supporting legal documents and submit them alongside your application or contact an immigration solicitor for advice.<\/p>\n\n

When to Seek Professional Immigration Advice<\/h2>\n\n

This guide provides general information only and is not legal advice. If you have any conviction\u2014whether spent or recent, custodial or non-custodial\u2014and are unsure how to declare it, you should consult a qualified immigration advisor registered with the Immigration Advice Authority (IAA, formerly the OISC), or a solicitor or barrister. A regulated advisor can review your specific circumstances, assess the likelihood of refusal, and draft a supporting statement if needed. Moreover, if your case is borderline\u2014for example, a conviction from almost 12 months ago\u2014a professional can advise whether to apply now or wait. Similarly, if you have been refused an ETA, an advisor can help you understand your options and prepare a visa application with the strongest possible case. Furthermore, immigration advice from an unregulated source may be inaccurate and cost you money and time. Therefore, always verify that your advisor is listed on the IAA (formerly OISC) register<\/a>. Seeking professional guidance upfront is an investment that prevents costly refusals and rejections.<\/p>\n\n

At a Glance: Comparison Table<\/h2>\n\n
Offence Type<\/th>Typical Sentence<\/th>Rehabilitation Period<\/th>Likely ETA Outcome<\/th>Notes<\/th><\/tr><\/thead>
Minor shoplifting (first offence)<\/td>Fine or conditional discharge<\/td>6\u201312 months<\/td>Likely approval if more than 12 months ago<\/td>Any conviction in the last 12 months means refusal<\/td><\/tr>
Cannabis possession (simple)<\/td>Fine (no jail)<\/td>12 months<\/td>Likely approval if more than 12 months ago<\/td>Refused if convicted in the last 12 months or sentenced to 12 months or more<\/td><\/tr>
Drink-driving (DUI) with no injury<\/td>Fine + driving ban (no jail)<\/td>5 years<\/td>Likely approval if more than 12 months ago<\/td>No discretion: any conviction in the last 12 months means refusal<\/td><\/tr>
Assault (common, non-serious)<\/td>Fine or 6\u201312 month sentence<\/td>5\u201310 years<\/td>Refusal if convicted in the last 12 months or sentenced to 12 months or more<\/td>A custodial or suspended sentence of 12 months or more means refusal at any time<\/td><\/tr>
Fraud or theft (>\u00a3500 value)<\/td>Custodial 12+ months<\/td>10 years<\/td>Refusal at any time<\/td>A sentence of 12 months or more means mandatory refusal, even if spent; apply for a visa instead<\/td><\/tr>
Sexual offence against minor<\/td>Custodial 2+ years<\/td>Never spent<\/td>Automatic refusal<\/td>Not listed on Rehabilitation of Offenders Act; always disclosed and causes refusal<\/td><\/tr><\/tbody><\/table><\/figure>\n\n

Frequently Asked Questions<\/h2>\n

Does the UK know about convictions from my home country?<\/h3>\n

It may. Applications are checked against Home Office records, although the Home Office does not publicly confirm which other databases it uses. You must declare convictions from abroad as well as the UK where the ETA questions ask for them; hiding a conviction means your ETA must be refused, and obtaining an ETA by deception is a criminal offence.<\/p>\n

Can I get a pardon to erase a conviction before applying for an ETA?<\/h3>\n

The UK Home Office does not automatically recognise foreign pardons: a pardon does not generally change the fact that you were convicted, and the conviction is considered under the normal rules. You can submit supporting documents with your application, but the Home Office conducts its own assessment. Professional immigration advice is recommended.<\/p>\n

If my ETA is refused, can I appeal the decision?<\/h3>\n

ETA refusals cannot be appealed through the normal immigration appeals process. Your only option is to apply for a standard UK visitor visa, which is more expensive and time-consuming but offers a fuller assessment of your case.<\/p>\n

What if I was arrested but never charged or convicted?<\/h3>\n

The ETA form asks about convictions only, not arrests. If you were never charged or the charge was dropped, you do not need to disclose it on the ETA form. However, immigration officers may have access to arrest records in some cases.<\/p>\n

Is there a time limit for how far back the Home Office checks my criminal history?<\/h3>\n

The ETA form asks about any conviction in the last 12 months and any prison sentence of more than 12 months at any time. Spent convictions are not protected in immigration decisions, so a conviction that falls under these questions must be declared even if it is spent under UK law.<\/p>\n

Can I include a supporting letter explaining my conviction when I apply for an ETA?<\/h3>\n

The ETA application form does not allow supporting documents in the initial submission. However, if you are referred for human review, you may contact the ETA team with additional information. For a visa application, supporting statements are strongly encouraged.<\/p>\n

If I was convicted in a country that no longer exists or where records are unavailable, must I disclose it?<\/h3>\n

Yes. If the conviction falls under the ETA questions \u2013 a conviction in the last 12 months, or a prison sentence of more than 12 months at any time \u2013 you must declare it, even if it is spent under UK law. The fact that records are difficult to obtain does not excuse non-disclosure. Consult an immigration advisor if you are unsure.<\/p>\n

Do I have to declare a conviction from more than 10 years ago on the UK ETA?<\/h3>\n

Only if it falls under the ETA questions. The form asks about any conviction in the last 12 months and any prison sentence of more than 12 months at any time, so an older conviction with a shorter sentence is not covered by these questions and does not on its own lead to refusal.<\/p>\n

What counts as a criminal conviction on the UK ETA form?<\/h3>\n

It means an offence you were convicted of, in the UK or abroad. Arrests that didn’t lead to a conviction, charges that were dropped, parking fines and fixed penalty notices do not count.<\/p>\n\n

Related UK ETA Articles<\/h2>\n