Question about previous conviction on entry (ESTA) to USA

Question

To what extent do Dutch citizens have to answer questions about their criminal record when entering the USA as a tourist (in the ESTA form)?

Answer

Good question. Yes — Dutch citizens (like other nationalities) applying for ESTA must disclose certain kinds of criminal history. There are specific, fairly strict rules. Here is a detailed breakdown of how this works, what has changed recently, and what you should be particularly careful about.

What the ESTA Form Asks About Criminal History

CBP’s ESTA form includes a security / eligibility question about criminal convictions. Until recently, the question read: “Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?”
In May 2025, CBP changed that question to a broader version: “Have you ever been arrested or convicted for any crime?”
If you answer “Yes”, your ESTA application will not proceed — under current rules, that effectively means you may no longer be eligible for travel under the Visa Waiver Program (VWP).

What This Means for Disclosing Dutch Criminal Record

You must answer honestly. Even if your conviction is old, “spent” under Dutch law, or was minor, the U.S. system does not “forget” just because a conviction is considered “spent” in the Netherlands.
The U.S. does *not* recognize Dutch “rehabilitation” laws in the same way — so a dismissed or “spent” conviction in the Netherlands may still count for ESTA purposes.
If you have any record of arrest or conviction — even if no serious harm was caused — you may be deemed ineligible for ESTA under the updated question.
There are particular concern areas: crimes involving “moral turpitude” (e.g., theft, fraud, burglary), drug offenses, and serious violent crimes.

What Happens if Your ESTA is Denied Because of a Conviction

An ESTA denial does not necessarily mean you can never travel to the U.S., but it does mean you cannot use the Visa Waiver Program for that trip.
You will likely need to apply for a B-1/B-2 tourist visa through a U.S. Embassy / Consulate, where you can explain your conviction in detail.
In some cases, you might need a waiver of inadmissibility (under U.S. law) depending on how serious the offense is.
If you lie or omit your criminal record on the ESTA, it could be considered “misrepresentation,” which is very serious under U.S. immigration law.

Why It’s Especially Important for Dutch (or European) Applicants to Be Careful

Some travelers assume that a minor offense (or a “spent conviction”) in Europe doesn’t count — this is not true for U.S. entry under ESTA.
The broadened question (“any crime”) means that even arrests without conviction might disqualify someone.
If you are unsure whether your specific conviction counts, or how to answer, it's worth seeking legal advice or contacting a U.S. visa lawyer — mistakes could ban you from using ESTA and force you to apply for a visa instead.

Bottom Line (for Dutch Citizens):

You must be very honest about any past arrests or convictions when filling out ESTA. With the recent change in the question, even “minor” convictions could make you ineligible for the Visa Waiver Program. If there’s any doubt, consider applying for a regular visa instead of risking a denied or revoked ESTA.