information sharing between Canada & America for ETA & ESTA

Travel Forums North America information sharing between Canada & America for ETA & ESTA

1. Posted by john.sutton (First Time Poster 1 posts) 4w Star this if you like it!

Hi there,
I was wondering if someone can help me. I am a British national and was planning to visit Canada next month and America in Christmas holidays with my family.
I was convicted of acquiring criminal property more than 10 years ago and got community service. The conviction got spent more than 5 years ago.
I applied for ETA for Canada recently and I disclosed my conviction to them, they have requested me to send them the police certificate which I am waiting for, and will submit as a part of my ETA application for Canada, once received, they will either approve or decline my application for ETA.

I was going to apply for ESTA for USA in a few days, I was just wondering if I could simply tick NO to convictions section as it is a spent conviction. My only concern is, because I declared to Canada that I had a conviction, would it be a problem for me not to declare my conviction to America, because apparently USA and Canada share every bit of information.

I would appreciate if someone can clarify this.

Thanks

2. Posted by leics2 (Respected Member 436 posts) 4w Star this if you like it!

> I was going to apply for ESTA for USA in a few days, I was just wondering if I could simply tick NO to convictions section as it is a spent conviction

The US makes it very clear indeed that it does not recognise any convictions as 'spent', as this page demonstrates:

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

It is imo highly likely that being found guilty of and sentenced for 'acquiring criminal property' would be regarded as a crime involving moral turpitude and thus you would not be eligible for an ESTA. Ticking 'no' to the relevant question and thus potentially making a fraudulent declaration on the ESTA can be regarded as a criminal offence in the US.

> apparently USA and Canada share every bit of information.

It is certainly the case that Canada and the US share a great deal of data relating to visas and suchlike. No-one here or on any internet forum can tell you for certain whether that includes 'every bit of information' on every UK applicant for a US visa waiver or visa but page 27 of this 2003 document makes it clear that past criminal records can be included in shared data:

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/in/in02-eng.pdf

Only you can decide whether to risk lying on the ESTA.

[ Edit: Edited on 18-Oct-2018, at 11:36 by leics2 ]