Offence 11 years ago

[tomtomfromoz]

Hi everyone

Quick summary of my situation.

Some 11.5 years ago (Feb 2011) I had a brain snap and I was pulled over for a DUI (0.093). After the officer moved my car, he found a half of a mdma capsule and subsequently I was arrested - result...a slap on the wrist. 3 month loss of licence and a good behavior bond for 6 months. No conviction recorded.

Unfortunately not long after that (18 months), my then partner and I tried to travel to the USA and after being totally honest and upfront about everything on the ESTA application, and then a subsequent interview at the Melbourne Consulate I was denied:

Pursuant to your September 20th, 2012 non-immigrant visa application, this office regrets to inform you that you are ineligible for a visa and your petition for a Waiver of Ineligibility to the Department of State has been denied. There is no appeal of this decision. We are therefore returning your court documents and Police Certificate with this letter.

Fast forward to October 2022, a lot has happened since then! (Including me being squeaky clean since my brain snap). I'm now married (not to the same girl lol, that little incident was the beginning of the end for us) and have two kids. We're planning a holiday in 2023 - and I am thinking to myself, will this past indiscretion come back to haunt me a second time?

Our preference is to travel to both USA and Canada (which interestingly enough did not ask for such detail back in 2011, but I see they now do).

Does anyone have any thoughts or views on my situation?

Cheers

 

[Hvr]

A lawyer who specialises in these matters is your best bet.

Oh, and the Canadians don't look too kindly on drink-driving offences, even if they're awhile awhile ago.

So get a very good lawyer.

 

[CaptJCool]

Spent Convictions Scheme

The scheme applies to spent convictions where a waiting period has passed and the individual in question has not re-offended.

www.afp.gov.au

Info about each particular state

FAQ: Spent Convictions Schemes - General Information

www.nationalcrimecheck.com.au

 

[Hvr]

While Australia has a 'spent convictions' scheme, noting that the OP has previously told the USA about their past transgressions; they never forget.

Also, probably best to assume that the USA and Canada will share information about your application.

As previously advised, this is a situation for a lawyer.

 

[serfty]

While Australia has a 'spent convictions' scheme, noting that the OP has previously told the USA about their past transgressions; they never forget.

Agreed, @tomtomfromoz will need to apply for a visa.

It can be a long process, so it is time to start now ... 2023 may be pushing it.

 

[tomtomfromoz]

A lawyer who specialises in these matters is your best bet.

Oh, and the Canadians don't look too kindly on drink-driving offences, even if they're awhile awhile ago.

So get a very good lawyer.

What's interesting is that after the USA trip didn't go ahead in Xmas 2012, we went to Canada...as they didn't care back then like they do now. So yep, since that brain snap I WAS allowed in - but now their laws have got stricter.

I wonder if I use a lawyer I'll have a better chance of getting permission?