I have a criminal record for various offences dating from 1997 to 2004. I have travelled to the USA numerous times from 2004 till the present day under the Visa Waiver programme and always ticked the boxes for no! and I have never had a problem. However, is this going to change under the new electronic online system. Are there other extra checks which will appear under this new system?
No, there is no difference between the ESTA questions and those on the Form I-94W (green from) you have to fill on the plane.
It contains the same question:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to controlled substance; or have you been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have you been a controlled substance trafficker; or are you seeking entry to engage in criminal or unmoral activities?
If you can answer this with "no" you are good to go. The criminal record question is often overestimated; if you read through the small print in the provisions most remarks apply to criminal offenses in the United States.
Source(s):
http://www.travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html