Do american border control have access to british criminal records ?

[DevilRed]

Do the american border control have full access to british criminal records ?

[MarkRae]

No.

[DevilRed]

And how do you know that ?

[237SJ]

I wouldn`t have thought the government would hand over full access to british criminal records to any foreign government, American or otherwise

[dzug2]

They can get access to any information about an individual that they can show a need for by going through channels.

They do not have direct unrestricted access at the point of entry.

[Buenchico]

EU privacy laws prevent member states from making information about their citizens available on a 'carte blanche' basis to other governments. Only 'need to know' information (such as that passed on regarding suspected terrorists, drug-traffickers, etc) can be passed on. Additionally, the US authorities can make specific requests for information through Interpol channels.

The Home Office has confirmed that the US authorities do not have direct access to UK criminal records in a written reply to a Freedom of Information request. You can read that letter here:
http://www.whatdothey...inal%20reply.doc.html

Chris

[DevilRed]

So in theory how the hell can they find out you have a record ?

And the Moral turpitude issue is huge there are so many loop holes that can make it misjudged .

[MarkRae]

As explained, at the border they can't - unless you are a known terrorist, or wanted by Interpol for another reason...

[DevilRed]

So how the hell do they catch you out then ?

I've got an esta I said I hadn't been convicted of a crime of moral turpitude but I was convicted of ABH when I was 18 years old Im now 28 .

At what point will I come under scrutany ? will they question me or just ask basic questions ?

[MarkRae]

> At what point will I come under [scrutany] scrutiny?

You won't.


[will] Will they question me or just ask basic questions?

Er, if they ask you basic questions, that would still constitute 'questioning'.

HOWEVER...

The ESTA rules notwithstanding, if you have been arrested for ANYTHING, even if subsequently acquitted, the US immigration rules dictate that an ESTA does not apply and that you must apply for a full Visa...

[dzug2]

<<if you have been arrested for ANYTHING, even if subsequently acquitted, the US immigration rules dictate that an ESTA does not apply and that you must apply for a full Visa... >>

Not actually true - that's the ADVICE (not a rule) given by the US London Embassy so that they can screw a visa fee out of you and because they think Brits are so thick/such pathological liars that they can't answer the ESTA question truthfully anyway. US Immigration LAW has no such requirement.

Mind you sometimes I think the Embassy has a point

[MarkRae]

Straight from the US Embassy website:
http://london.usembas...ew/visa/niv/vwp3.html

"These include people who have been arrested, even if the arrest did not result in a criminal conviction"... "Such travelers must apply for special restricted visas."

[dzug2]

Yes Markrae - I'm saying that is their advice, not a statement of American law.

[DevilRed]

Yes Markrae

>The ESTA rules notwithstanding, if you have been arrested for ANYTHING, even if subsequently acquitted, the US immigration rules dictate that an ESTA does not apply and that you must apply for a full Visa... <

So how do they know you have lied on the thing if its telling me I have been approved ?

Markrae do you think I will be ok to access america ?

[lellie]

How does that work with the fact that they take your fingerprints? I would have thought that whereever you are on the world if your fingerprints are on police record then they will appear. I too am worried, as I have a driving conviction and am looking to do a road trip thru the states next year. Also worried as I now see that a lot of desinations in Central and South America use Miami and New York as stop overs.