Australian criminal record and entering the US

Yes it's moral turpitude and you have in US eyes a criminal record. If you applied for a visa (far too late) it might be dismissed as a trivial instance.

The US check every passport against what might be called a wanted list. What you have to do to get on that list I don't know, but I really doubt it includes every trivial offence that is of no significance to the US geovernment.

BTW if you are going in a few days you should have done your online ESTA by now.

https://esta.cbp.dhs.gov/esta/esta.html

where you will face the moral turpitude question. If you answer yes you won't get the ESTA

and BTW Canada has similar rules - it's just that they don't ask the average tourist the question

Do you have a reciept or can you get one. Tell the clerk your problem. Take your paperwork to the appropraite office.

good luck.

Does the US government check EVERY Australian passengers criminal records when you enter?

Yes, to various degrees, as they do with all other passengers.

Or is it just up to you to declare and they'll only check if they are suspicious?

Depends on who you get.

Should i put 'no' on my waiver?

Being caught in a lie is automatic denial, and an expensive trip back to where you flew from at your own cost.

Will the US government/customs be able to find out?

Depends. If Australia and the UK share records, it is very possible, now that the US and the UK share records. If not, it depends on what they have in their computers from elsewhere, which no one here (AFAIK) is privy to.

Is this crime seen as Moral Turpitude?

See FAQ 252. Two lists to judge for yourself.

I haven't seen my partner for 1 yrs

This in itself may cause your denial.

If you were arrested or convicted of a crime of moral turpitude, you have a good chance of being denied, and it's too late for a visa if you need one.
Doesn't look good, but that's the way it is. Next time, don't wwait until a few days before you leave to figure all this out (and that goes for ALL countries).

Thanks so much guys for your help.

I have applied for the online ESTA...I should know with a few days hopefully. Do you think I should've answer no to the moral turptiude question? I honestly don't know of o do have a criminal record. I didn't think about it until i looked into getting visa. I've applied for my criminal record check and waiting for it to come back.

I very much doubt that I'm on a wanted list. Would you think they'll do a criminal record check on all passengers?

Thanks again.

It's not a 'wanted' list in the sense of wanted dead or alive on the old posters

It's a list of passports/people who may be of interest - terrorist suspects, paedophiles, drug dealers, obviously. People who have overstayed in the past. How far down the list of minor criminals from countries where records are shared it goes I don't know. It MIGHT not include those who are not regarded as criminal at home. If you get the answer yes then they have dug up no easily accessible dirt on you.

If you had answered YES to the moral turpitude question you would have been declined an ESTA - the system would have refused to process your application.

You DO have a criminal record in US eyes, even if at home it may or may not fall within the definition of one.

The folks above may, or may not, be entirely correct. I do not know about Australian criminal law; however, in the US we define crimes within certain catagories. Felonies are the most severe, misdemeanors the least. In most (if not all) US states shoplifting below a certain value is considered a petty misdemeanor and carries the same legal weight as a traffic citation. If this is the case (and I'm not saying it is) then you would not have a criminal record as petty (or class C as they're sometimes called) misdomeanors are not considered criminal matters. What indicates to me that this might be the case is your statement that you just sent in a fine. In the US this is the case for a petty misdomeanor. The police officer issues a citation, just like a speeding ticket, and one either pays it or requests a court hearing.

My suggestion is to find out from the court exactly what your situation is.

#6, the legal requirements for entry under the VWP are not classed under the traditional severity-type system. Certain felonies do not necessarily prevent entry, and certain misdemeanors (including shoplifting) can make one ineligible.
See the FAQ I noted above for the requirements

OP, please ignore #6. They mean well, but are wrong.

Edited by: Noah Webster

"I'm going to be traveling into New York for a couple of days and then driving into Canada."

Don't assume getting into the US means Canada is automatic. They take arrest records pretty seriously there. I don't know about this particular offence but I know they routinely refuse people for criminal records in Canada.

There's 2 issues here.

As pointed out above, the honest answer to the moral turpitude question, in your case, is YES, and if you do honestly answer this question with a yes, then the system automatically denies you an ESTA and you will need to go the long route to get another visa (which will probably be fine, it's unlikely you'll be refused just for shoplifting, but it does deny you, ever again, the right to an ESTA and means you will always have to go through a longer more complicated route to get there.)

You then have the option of lying, and hoping there is no record of your offence. I personally think it very, very unlikely Australia will share with the US a minor conviction for shoplifting, which, if it was a first offence, would not leave you with a criminal record. We almost certainly do tell America about criminal convictions, but if even we don't record it, I don't see how the US would know about it.

BUT, and this is a very big but, you would then be lying to US Immigration which is not something I would ever risk, if only because, if caught, you would be sent straight back, and disqualified from ever being allowed back there again.