News · Criminal law explainer
Can you travel to the USA with a criminal record?
Holidays and work trips to the United States are common, and a criminal record can complicate them. Entry to the US is decided by US law, not Australian law, and the rules are strict about certain offences. This note explains, in general terms, how a record can affect US travel and what to consider before you go. It is a general explainer, not immigration advice.
By Aaron Kernaghan · Published 3 September 2026
It depends on the offence. Australia is a visa waiver country, so many travellers use the ESTA rather than a visa. But a criminal record, especially for an offence involving moral turpitude or drugs, can make you ineligible for the ESTA and may require you to apply for a visa. This is United States immigration law, not Australian law, so if you have a record you should check carefully and get advice before you travel.
How does US entry usually work?
Australia takes part in the United States Visa Waiver Program, which lets eligible travellers visit for short stays using an Electronic System for Travel Authorization, or ESTA, rather than a visa. Most travellers with no record use the ESTA without difficulty.
The ESTA application asks questions about criminal history and other matters. A person who is not eligible for the ESTA generally has to apply for a visa at a US consulate instead.
When can a record affect entry?
US law treats certain offences seriously for entry purposes. Offences involving moral turpitude, a broad US concept that can include dishonesty and violence offences, and drug offences, can make a person ineligible to travel on the visa waiver and can affect a visa application.
Not every offence has this effect, and there are exceptions, such as for some minor or old offences. But the categories are defined by US law and can be wider than people expect.
What does the ESTA ask?
The ESTA asks whether you have been arrested or convicted for certain offences, among other questions. Answering these honestly is important, because a false answer can cause serious problems, including being refused entry or barred.
If your record means you cannot truthfully meet the ESTA requirements, the path is usually to apply for a visa, where your history is assessed in more detail.
What if you need a visa?
Where the ESTA is not available, you can apply for a US visa, which involves an application and, often, an interview at the consulate. The process can take time and may require police certificates and other documents. Some applicants may need a waiver of ineligibility.
Because this is US immigration law, the details are outside Australian legal advice. A US immigration specialist can advise on eligibility, waivers, and the documents required.
What should you do before you travel?
If you have any criminal record, check your position well before booking, because sorting out a visa can take time. Consider whether your convictions are spent under Australian law, though note that US authorities may still ask about arrests and findings of guilt.
Get advice if you are unsure. Our notes on spent convictions and police checks explain what appears on your Australian record, which is the starting point.
Frequently asked.
Can I go to the USA with a criminal record?
It depends on the offence. Many travellers use the ESTA under the Visa Waiver Program, but a record, especially for an offence involving moral turpitude or drugs, can make you ineligible and may require a visa instead.
What is an offence involving moral turpitude?
A broad United States concept that can include offences of dishonesty and violence. It is defined by US law and can be wider than people expect, and it affects eligibility to enter the US.
Does the ESTA ask about criminal history?
Yes. The ESTA asks whether you have been arrested or convicted for certain offences. Answering honestly is important, because a false answer can lead to refusal or a bar.
What if I cannot use the ESTA?
You can apply for a US visa, which involves an application and often an interview, and may require police certificates and, in some cases, a waiver of ineligibility. It can take time.
Do spent convictions help for US travel?
They may help, but US authorities can still ask about arrests and findings of guilt, and US law decides entry. Check your position and get advice well before travelling.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.