Body & Soul9 mins ago
Does the US have UK criminal records on file???
Ive searched high and low for a definate answer but am struggling?
I have a fine for criminal damage and am wondering would hte Us border control pick up on it once they take my finger print?
I have a fine for criminal damage and am wondering would hte Us border control pick up on it once they take my finger print?
Answers
Best Answer
No best answer has yet been selected by cl987. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.The UK is prohibited, under EU privacy laws, from making UK criminal records freely available to overseas agencies. So (at least theoretically) the US immigration service can't directly access UK criminal records.
However a great deal of information is undoubtedly passed on in the guise of 'anti-terrorism'. The UK is permitted to pass on information in response to a specific request from the US authorities (rather than on a 'carte blanche' basis). With the introduction of the ESTA system, for travellers who've not obtained a visa, the US authorities might be making such a request in respect of every traveller, thereby bypassing the normal rules.
Here's an analogy:
Our police aren't normally allowed to stop and search people at random. (They have to suspect a crime in order to do so). The only exception is in an area covered by a temporary order (which can't last longer than a fortnight) issued under anti-terrorism legislation. So, last year, the Metropolitan Police repeatedly applied for the renewal of such orders throughout the entire year, covering nearly the whole of London, and randomly(?) searched 130,000 people. I'd be very surprised if a single one of those searches had anything whatsoever to do with terrorism. It's just a way for out police to bypass our normal civil liberties. So, if our own police can use 'anti-terror' rules to get round UK laws, it's certainly possible that the US authorities might be applying similar methods to bypass EU laws (which, after all, they'd rather not recognise anyway).
Chris
However a great deal of information is undoubtedly passed on in the guise of 'anti-terrorism'. The UK is permitted to pass on information in response to a specific request from the US authorities (rather than on a 'carte blanche' basis). With the introduction of the ESTA system, for travellers who've not obtained a visa, the US authorities might be making such a request in respect of every traveller, thereby bypassing the normal rules.
Here's an analogy:
Our police aren't normally allowed to stop and search people at random. (They have to suspect a crime in order to do so). The only exception is in an area covered by a temporary order (which can't last longer than a fortnight) issued under anti-terrorism legislation. So, last year, the Metropolitan Police repeatedly applied for the renewal of such orders throughout the entire year, covering nearly the whole of London, and randomly(?) searched 130,000 people. I'd be very surprised if a single one of those searches had anything whatsoever to do with terrorism. It's just a way for out police to bypass our normal civil liberties. So, if our own police can use 'anti-terror' rules to get round UK laws, it's certainly possible that the US authorities might be applying similar methods to bypass EU laws (which, after all, they'd rather not recognise anyway).
Chris
id be interested to hear from somebody who has made the trip with a conviction...?
If EU laws are followed then i am to beleive they would have no way of knowing?
It makes me wonder why they bother askin about convictions on the esta form if they have the ability to find out anyway. Why dont they instead of tellin everybody to get an esta form, tell them 'hey listen if u get on the plane with a conviction, we are definately gona find ot this end as we are taking ur prints'. It gives the imression to me that they cant track my conviction via my finger print - atleast that is the impression im getting so far...
If EU laws are followed then i am to beleive they would have no way of knowing?
It makes me wonder why they bother askin about convictions on the esta form if they have the ability to find out anyway. Why dont they instead of tellin everybody to get an esta form, tell them 'hey listen if u get on the plane with a conviction, we are definately gona find ot this end as we are taking ur prints'. It gives the imression to me that they cant track my conviction via my finger print - atleast that is the impression im getting so far...
I think ive found some sort of clinical answer to my query. I emailed Nacro as government ran charity to reduce crime. they replied stating,
' British criminal records and finger print records are not usually shared with foreign authorities. Criminal records information is only shared in relation to persons wanted internationally for very serious offences.' - although this isnt a guarentee it is enough info to get me to book a flight.
I have also asked somebody with a number of conviction who recently went to Vegas for the Hatton - Pacquio fight in May, he said he got through fine.
HTH some people
' British criminal records and finger print records are not usually shared with foreign authorities. Criminal records information is only shared in relation to persons wanted internationally for very serious offences.' - although this isnt a guarentee it is enough info to get me to book a flight.
I have also asked somebody with a number of conviction who recently went to Vegas for the Hatton - Pacquio fight in May, he said he got through fine.
HTH some people
The fingerprint system is just to check on immigration cases. The uk, us, canada, NZ and oz are sharing fingerprints on immigration fraud cases ONLY. I have a spent criminal record and had the same worry. From the extensive research I have found that they do not have access to the PNC or fingerprints and if your ESTA is approved you should have no worries. I would defo say they had a watch list of problem people but that's all. I'll certainly be going. Why should we tell the yanks that we made a mistake in our pasts.
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