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I currently have the same problem. The US Embassy rules state that you are required to apply for visa if you have EVER been arrested, regardless of any conviction or caution. This is because you will not be able to enter the US under the VWP (Visa-Waiver-Programme). The laborious process involves obtaining a Statement of Arrest from the NIS (National Intelligence Service), which they advise is upto 40 days of paper shuffling. Then you need to take an entire day off work to attend an interview at the US Embassy in London (or Belfast for N.Ireland). After sitting on your backside for several hours you will be called through to another room to sit on your butt for another couple of hours, then you get asked some questions and should have your passport returned in 5 working days, with a visa glued in. Fun eh!? As I do not have 40+ days to wait around until I am travelling to the US, I am going to hope for the best on the basis the US Homeland Immigration Officers should not have access to this information (if it takes 40 days for us to get it, I doubt they can access the database from the a US checkpoint). The only trouble you might have is if you subsequently do apply for a visa, they may refuse on the basis that you have already broken US immigration law. Hope this helps.

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