UK ETA and Criminal Records: Will I Be Refused?

Last updated: 19 October 2026. Rules checked against the official GOV.UK ETA guidance and the Immigration Rules (Appendix ETA).

Does the UK ETA Application Ask About Criminal Convictions?

Yes. The UK Electronic Travel Authorisation application includes a direct question about your criminal history. Specifically, it asks whether you have been convicted of any offence in the last 12 months, or have ever received a custodial or suspended sentence of 12 months or more, in any country. If either applies, your ETA must be refused; other convictions can still lead to refusal if your presence is not considered conducive to the public good.

Many travellers from visa-exempt countries are understandably anxious about this question, particularly those with old or minor convictions. This guide explains how criminal records are assessed for ETA purposes, what types of convictions are likely to cause problems, and what options remain if your ETA is refused.

How the UK Home Office Assesses Criminal Records

The UK has clear immigration rules regarding criminal convictions. While the ETA system involves automated processing, applications flagged for criminal history receive additional scrutiny. ETA decisions on criminal records follow fixed rules, not a weighing of seriousness or rehabilitation:

• Length of sentence – an ETA must be refused if you have received a custodial or suspended sentence of 12 months or more
• How recently the conviction occurred – an ETA must be refused if you were convicted of any offence in the last 12 months
• Other convictions – these can still lead to refusal if your presence is not considered conducive to the public good

For a full overview of ETA requirements, see our UK ETA requirements 2026 guide.

The 12-Month Custodial Sentence Threshold

The most important threshold in UK immigration law regarding criminal records is the 12-month custodial sentence. Under the Immigration Rules, a person who has been sentenced to a period of imprisonment of 12 months or more (whether served or suspended) must be refused an ETA.

This rule applies regardless of:

• How long ago the sentence was imposed
• Whether the conviction is “spent” under the law of the country where it was imposed
• Whether the person has been rehabilitated
• The nature of the offence (the sentence length is what matters, not the specific crime, as long as the offence has an equivalent in UK law)

If your conviction resulted in a custodial sentence of 12 months or more, your ETA must be refused. In this situation, your best option would be to apply for a Standard Visitor Visa instead, where you can present your case in full with supporting documents.

Convictions Within the Last 12 Months

Even if your sentence was less than 12 months, a conviction within the last 12 months is a mandatory ground for refusal: an ETA must be refused if you were convicted of any offence in the last 12 months.

If you were convicted of any offence within the past year, you should expect your ETA application to be refused. GOV.UK suggests considering a Standard Visitor Visa instead if you have a criminal record.

Minor Offences: DUI, Misdemeanours, and Traffic Violations

This is the area where most travellers have questions, and where the answers are least clear-cut. Based on the immigration rules and reports from travellers on forums:

Can I Get a UK ETA With a DUI? (Drink Driving)

A single drink-driving conviction that resulted in a fine or short ban (no custodial sentence) is unlikely to prevent ETA approval, provided the conviction is more than 12 months old – any conviction in the last 12 months means the ETA must be refused. However, you must still declare it honestly on the application. Multiple DUI convictions or a DUI involving an accident with injuries could receive closer scrutiny.

Minor Traffic Offences

Speeding tickets, parking violations, and similar minor traffic infractions that did not result in a criminal conviction generally do not need to be declared and will not affect your ETA. The question specifically asks about criminal convictions, not administrative penalties or fines.

Misdemeanours (US and Similar Jurisdictions)

For travellers from the United States and other countries that distinguish between misdemeanours and felonies: the UK does not recognise this distinction. What matters is whether the offence resulted in a criminal conviction and what the sentence was. A misdemeanour that resulted in a criminal conviction must be declared.

Cannabis and Minor Drug Offences

Possession of small amounts of cannabis that resulted in a caution or minor fine in your home country may not prevent ETA approval, but it should be declared if it constitutes a criminal conviction. Drug trafficking or supply convictions lead to refusal if the sentence was 12 months or more or the conviction is less than 12 months old, and can otherwise still lead to refusal if your presence is not considered conducive to the public good.

Why Honesty Is Always the Best Policy

One of the most critical pieces of advice regarding criminal records on your ETA application: always tell the truth. This cannot be emphasised strongly enough.

Here is why lying or omitting information is far worse than declaring a conviction:

• The UK shares criminal record data with many countries through international agreements. Your conviction may already be known to UK authorities.
• False declaration is a separate offence under UK immigration law. If discovered, it can result in an entry ban that is far more severe than the original conviction would have caused.
• A false declaration can affect future visa applications to the UK and other countries. Immigration systems worldwide increasingly share data.
• Discovery at the border – even if your ETA is approved, UK Border Force can refuse entry if they discover undeclared convictions during questioning. This is far more disruptive than dealing with the issue upfront.

A traveller with a declared minor conviction who is honest and transparent has a far better chance of being admitted than someone who tries to hide their history.

Spent Convictions and Rehabilitation

Many countries have laws that allow criminal convictions to become “spent” after a certain period, meaning they no longer need to be disclosed for most purposes. However, UK immigration is an exception.

Even if your conviction is considered spent under the laws of your home country, you are still required to declare it on the UK ETA application. The UK Home Office does not recognise the spent conviction schemes of other countries for immigration purposes.

That said, ETA decisions on criminal records follow fixed rules rather than a weighing of rehabilitation. Evidence of rehabilitation is more useful in a Standard Visitor Visa application, where you can include a covering letter, references, employment records or a police certificate.

What Happens If Your ETA Is Refused

If your ETA application is refused because of your criminal record, there is no appeal: the route forward is a Standard Visitor Visa, which costs £135 (since 8 April 2026; previously £127). Here is what you need to know:

No Appeal Process

There is no formal appeal mechanism for ETA refusals. The decision is final. You cannot challenge it through the ETA system. For more detail on what to do after a refusal, see our comprehensive guide on ETA refusal.

Apply for a Standard Visitor Visa

If your ETA is refused, you can apply online for a Standard Visitor Visa on GOV.UK. This is a more thorough process where you can:

• Submit a covering letter explaining your circumstances
• Provide evidence of rehabilitation (employment records, character references, certificates of good conduct)
• Demonstrate strong ties to your home country
• Explain the purpose of your visit in detail

The Standard Visitor Visa costs more (currently £135) and takes longer to process, but it allows you to present your case fully – something the ETA system does not accommodate.

Do Not Attempt to Travel Without an ETA

If your ETA has been refused, do not attempt to board a flight or other transport to the UK without resolving the issue. Airlines check ETA status before boarding, and you will be refused boarding. Attempting to enter the UK without a valid ETA or visa is an immigration offence.

Practical Scenarios

Scenario 1: Old Conviction, Short Sentence

A German citizen was convicted of theft 15 years ago and received a 3-month suspended sentence. This person should declare the conviction honestly on their ETA application. Given the minor nature of the offence, the short sentence, and the significant time elapsed, approval is likely. However, they should be prepared for the application to take longer than usual if it is flagged for manual review.

Scenario 2: Serious Conviction

An Australian citizen served 18 months in prison for assault 8 years ago. Because the custodial sentence exceeded 12 months, this person will be refused an ETA. They should consider applying directly for a Standard Visitor Visa, where they can present evidence of rehabilitation, employment history, and character references.

Scenario 3: Recent Minor Offence

A Canadian citizen received a DUI conviction 6 months ago, resulting in a fine and driving ban but no imprisonment. Although there was no custodial sentence, the conviction is less than 12 months old, so the ETA must be refused. They should consider applying for a Standard Visitor Visa instead. Honest declaration is essential.

Tips for Travellers With Criminal Records

1. Apply early – do not wait until the last minute before your trip. If your application is flagged for manual review, it can take up to three working days. Apply as soon as you book your trip.
2. Be completely honest – declare all convictions, even minor ones. A false declaration is far worse than any conviction.
3. Carry documentation – bring copies of any relevant court documents, certificates of rehabilitation, or police clearance certificates. While the ETA itself does not require these, they could be useful at the UK border.
4. Have a backup plan – if you have a serious conviction, be prepared for the possibility of refusal. Consider whether to apply for a Standard Visitor Visa directly instead of risking an ETA refusal on your record.
5. Seek legal advice for complex cases – if you have multiple convictions or a serious criminal history, consider consulting an immigration lawyer before applying. They can advise whether an ETA or a visa is the better route.

Frequently Asked Questions

What criminal record questions does the UK ETA application ask?

The ETA application asks whether you have been convicted of any offence in the last 12 months and whether you have ever received a custodial or suspended sentence of 12 months or more, in any country, alongside other suitability questions. Police cautions and traffic fines without a court conviction are not convictions.

Do I need to declare a caution or warning?

A police caution (common in the UK, Australia, and some other countries) is not the same as a criminal conviction. If the ETA question specifically asks about convictions, a caution generally does not need to be declared. However, if the question is broader and asks about any dealings with the criminal justice system, you should include it. When in doubt, declare it – honesty cannot hurt you.

Will a cannabis conviction in a country where it is now legal affect my ETA?

Potentially yes. Even if cannabis has since been legalised in your country or state, if your conviction was imposed when the activity was illegal, it remains a criminal conviction. However, a minor possession offence from years ago is unlikely to result in ETA refusal on its own.

Can I reapply if my ETA is refused?

Not if it was refused. After a refusal you need to apply for a Standard Visitor Visa instead, as there is no appeal. If your application was rejected (for example because of an unsuitable photo or incorrect details) rather than refused, you can submit a new ETA application.

Does the UK check criminal records with other countries?

The UK has information-sharing agreements with many countries, including the United States, Canada, Australia, and EU member states. While they may not automatically check every applicant against every country’s database, the capability exists and is used when applications are flagged for review.

My conviction was expunged. Do I still need to declare it?

This depends on the specific legal effect of the expungement in your jurisdiction. In some countries, an expunged record is treated as if it never existed. In others, it simply means it is sealed from public view but still exists. For UK immigration purposes, if the conviction ever existed, the safest approach is to declare it and note that it has been expunged. An immigration lawyer can provide country-specific advice.

Key Takeaways

• The UK ETA application asks about criminal convictions – you must answer honestly
• A custodial or suspended sentence of 12 months or more means your ETA must be refused
• Convictions within the last 12 months also mean your ETA must be refused
• Older minor offences (such as a DUI with a fine more than 12 months ago) are unlikely to prevent approval
• False declaration is far worse than any conviction and can lead to a re-entry ban of up to 10 years
• If refused, there is no appeal – apply for a Standard Visitor Visa instead
• Apply early and carry documentation of rehabilitation if you have convictions