Travelling to the U.S with spent convictions

[laquerhead]

Hi all,

I am fairly stressed out at the moment as my partner and i have just purchased tickets to travel around the u.s and i have prior convictions which are now spent but after reading some of the threads on this site, i feel i may still have some problems gaining entry..

I have 3 charges for cannabis possession all over 10 years ago. they were very small amounts and believe them to be only a fineable offence these days. I have a charge for drink driving also over 10 years ago. I have had no issues with the law since then.

Can anyone give me a definite answer or is it a case by case scenario? My travel plans are only for June next year so time is on my side..

Do you think my chances are good or have i just wasted thousands of dollars? :shock:

Cheers

 

[moa999]

The issue is that the convictions are only 'spent' per Australian law' the US visa questionnaire asks a far more direct question.

The only way you can be absolutely certain is to go to the US embassy and apply for a proper visa. This obviously comes with certainty but will also take a reasonable amount of time.
I suspect others in your position have just traveled to the US and answered No to the relevant questions, knowing that if a cross check is requested by the US the record will come up clean, but I like many others on this board would be reticent to advise that.

 

[serfty]

Forget the Drink Driving - that's not considered "Moral Turpitude".

If you conviction is legally "spent" then it is against regulation for any government authority to provide information on that conviction to any other entity.

Doesn't help you in, say, LAX if they do ...

 

[laquerhead]

thanks for the advice guys.. I think i will sleep much better if i have absolute certainty - thus, getting a visa.

If i am travelling in june next year, do you think i have sufficient time to get it sorted?

Also, does the US embassy appreciate honesty? Im thinking its a far better option than to just tick 'no' and hope for the best.

Again, thanks for the helpfull hints

 

[Limewood]

Will be plenty of time.

good luck.

 

[szozo]

Sorry to resurrect an old thread, but I have some recent information on this.

I just had an interview at a US Consulate for a visa.
I have spent convictions from around 20 years ago for drug possession.

I answered Yes on my form and gave details.

According to the interviewing officer, ANY drug charge, even for marijuan_, is grounds for visa denial on the spot. (Which happened)
However, they are applying for a waiver, which we will see if I get or not. (Takes a few months apparently).

He appreciated my truthfulness. Lets see how far it gets me. I don't have to travel to the US, but it would be convenient so I'm not too fussed if they let me in or not.

I was curious as to whether they can see spent convictions or not. They cannot.

I first spoke to Dept Foreign Affairs & Trade, who referred me to the WA Attorney Generals Dept, who then referred me to the Australian Federal Police.
An officer rang me, we had a detailed conversation and he stated that the USA cannot see spent conviction information.

He said for them to see the information, they would have to specially request it, and it's doubtful the request would be granted.

 

[HarryB]

I was curious as to whether they can see spent convictions or not. They cannot.

I first spoke to Dept Foreign Affairs & Trade, who referred me to the WA Attorney Generals Dept, who then referred me to the Australian Federal Police.
An officer rang me, we had a detailed conversation and he stated that the USA cannot see spent conviction information.

He said for them to see the information, they would have to specially request it, and it's doubtful the request would be granted.

That info should be stickied as it answers the question so many people have asked on these forums. Whether you think total honesty is the best policy or not it is up to each individual to decide whether they disclose spent convictions or not and this information is very important when making that decision.



Sent from my iPhone using AustFreqFly app

 

[flymetothemoon]

That info should be stickied as it answers the question so many people have asked on these forums. Whether you think total honesty is the best policy or not it is up to each individual to decide whether they disclose spent convictions or not and this information is very important when making that decision.



Sent from my iPhone using AustFreqFly app

I agree, but it's not just spent conviction, it's any conviction where it's not recorded. In Victoria there is such a thing as "First Offence Diversion Program" which means that if you do all the necessary requirements the conviction is basically "thrown out" and not recorded against your name, so your criminal record will be clean and the only people who can view it are the Police. This would be exactly the same as a "Spent Conviction" but the benefit is that you don't have to wait X amount of years, the conviction is removed immediately once all requirements are fulfilled (they give you 3 months to fulfill the requirements).

 

[wiltravel]

I have been reading this post for a while now,and from the way i read some think that can go without telling about prior convictions,and some are upfront and tell the US-Consulate the truth,i have a prior conviction from 31 years ago,just a fine and never had any other problems,so when asked on the visa form i ticked yes too that question,and it was not approved,spent the money for a Australian wide police cert,that is being sent too the US Consulate,paided all the fees for the DS160 visa application visa,had the appiontment confirmation yesterday for next week,plus have the confirmation no,the only problem so far is uploading the photos,but i had more done this morning too the size the USA Visa systems requires,so my question for those who went through the US Consulate in Sydney is apart from your Australian Passport and the online nonimmigrant visa applications paperwork,what else would you bring too the consulate?..
Thankyou for any help,as i have too travel down from Qld in the early morning,then into martin place,i just want to make sure i have everything required so i can complete all required on the day

BTW, i talked too a Barrister about this a few weeks ago,and he said in very simple terms ever means ever,and be honest at least that way
you don't have to worry,because he told me of several that did not get out from Sydney that he was aware of,i will let you know how i go..

 

[wiltravel]

Just to give a update,went into the US Consulate on friday,everything went fine,after about 2 hours was told the visa was refused for a 35 year old conviction for growing a banned plant,I don't think it pays too lie,they knew about it anyway and the other 2 people that i was talking too prior too going into the Consulate were in the same boat only they have several charges from the 1980's-1900's both of them were refused ,one family caused a bit of a problem and were given their passports back as they would lose the entire fare for 4 people were not happy,the other man and myself just waited in line and stayed quite to see what would happen,number called very good young Lady
try too help me,so i have left my passport with them,may take from between 15-27 weeks as my passport is now on it's way too the USA
where they may or may not give me a waiver,same as the other Man,so you live in hope,plus with the call centre that we booked the fare from the GC,tells me there is no refund,maybe i'm down about 4k lost,and that's the cost of experience,because experience is not what happens too you ,experience is what you do with what's happens too you,bottom line is apply for visa prior too booking the tickets,and don't lie in any way,because they will know,..
I hope this helps the US Consulate treated me very good,but bottom line is don't lie about your past,at least when and if i get a waiver i can not worry and enjoy the trip rather then not getting past the door in Sydney,or worse going all the way too USA and getting turned back at my cost and being banned for life,good luck..don't lie..

 

[MEL_Traveller]

Just to give a update,went into the US Consulate on friday,everything went fine,after about 2 hours was told the visa was refused for a 35 year old conviction for growing a banned plant,I don't think it pays too lie,they knew about it anyway ...

how would they have know about it 'anyway' if you didn't tell them??

 

[flymetothemoon]

Just to give a update,went into the US Consulate on friday,everything went fine,after about 2 hours was told the visa was refused for a 35 year old conviction for growing a banned plant,I don't think it pays too lie,they knew about it anyway and the other 2 people that i was talking too prior too going into the Consulate were in the same boat only they have several charges from the 1980's-1900's both of them were refused ,one family caused a bit of a problem and were given their passports back as they would lose the entire fare for 4 people were not happy,the other man and myself just waited in line and stayed quite to see what would happen,number called very good young Lady
try too help me,so i have left my passport with them,may take from between 15-27 weeks as my passport is now on it's way too the USA
where they may or may not give me a waiver,same as the other Man,so you live in hope,plus with the call centre that we booked the fare from the GC,tells me there is no refund,maybe i'm down about 4k lost,and that's the cost of experience,because experience is not what happens too you ,experience is what you do with what's happens too you,bottom line is apply for visa prior too booking the tickets,and don't lie in any way,because they will know,..
I hope this helps the US Consulate treated me very good,but bottom line is don't lie about your past,at least when and if i get a waiver i can not worry and enjoy the trip rather then not getting past the door in Sydney,or worse going all the way too USA and getting turned back at my cost and being banned for life,good luck..don't lie..

Boy, you must be pretty old now if you had charges from the 1900's

 

[wiltravel]

Only 59,and as age is only a number that's all it is a number,plus when i travel i like to enjoy the whole experience
and not thinking while i'm on the blue highway if i'm going to be let in some others country front door,as too how would they know not sure as i could not remember the date from 1980 but why take the risk as the Man that was sitting next too me downstairs in the mlc building prior too walking into the consulate his charge was from 1979,he had legal advice
like myself,ever means ever pure and simple..

 

[Maca44]

If the officer from the US Embassy said there were aware of your previous (spent) convictions then I think he/she might have been untruthful. My brother applied for a visa about 10 years ago, only because he would be in the USA for more than the 90 day allowed under the Visa Waiver Program, and he simply answered 'No' to the question concerning arrests and/or convictions knowing well he had an assault charge against him 20 years prior. Went through okay, and I think the only time the embassy becomes aware of these convictions is whey applicants tell them. My brother has also travelled to the USA under the VWP on no less than 8 occasions, and again answered 'No'. We only discussed it after I read threads on the subject on this forum, and although I don't condone dishonesty sometimes you have to wonder whether the risk is worth it. He is going back again in October under the VWP.

 

[flymetothemoon]

Only 59,and as age is only a number that's all it is a number,plus when i travel i like to enjoy the whole experience
and not thinking while i'm on the blue highway if i'm going to be let in some others country front door,as too how would they know not sure as i could not remember the date from 1980 but why take the risk as the Man that was sitting next too me downstairs in the mlc building prior too walking into the consulate his charge was from 1979,he had legal advice
like myself,ever means ever pure and simple..

Um....I think maybe you should re read your original post and then you might understand why I wrote that you must be pretty old.

 

[flymetothemoon]

If the officer from the US Embassy said there were aware of your previous (spent) convictions then I think he/she might have been untruthful. My brother applied for a visa about 10 years ago, only because he would be in the USA for more than the 90 day allowed under the Visa Waiver Program, and he simply answered 'No' to the question concerning arrests and/or convictions knowing well he had an assault charge against him 20 years prior. Went through okay, and I think the only time the embassy becomes aware of these convictions is whey applicants tell them. My brother has also travelled to the USA under the VWP on no less than 8 occasions, and again answered 'No'. We only discussed it after I read threads on the subject on this forum, and although I don't condone dishonesty sometimes you have to wonder whether the risk is worth it. He is going back again in October under the VWP.

I totally agree - unless you live in Victoria obviously as your charge will never be "spent".

 

[wiltravel]

22 weeks and still waiting..

 

[Tonyd123]

If the officer from the US Embassy said there were aware of your previous (spent) convictions then I think he/she might have been untruthful. My brother applied for a visa about 10 years ago, only because he would be in the USA for more than the 90 day allowed under the Visa Waiver Program, and he simply answered 'No' to the question concerning arrests and/or convictions knowing well he had an assault charge against him 20 years prior. Went through okay, and I think the only time the embassy becomes aware of these convictions is whey applicants tell them. My brother has also travelled to the USA under the VWP on no less than 8 occasions, and again answered 'No'. We only discussed it after I read threads on the subject on this forum, and although I don't condone dishonesty sometimes you have to wonder whether the risk is worth it. He is going back again in October under the VWP.

So I am interested, how did your brother go in October with the 10 fingerprint system in place. Important I formation for those trying to make a decision?

 

[NM]

So I am interested, how did your brother go in October with the 10 fingerprint system in place. Important I formation for those trying to make a decision?

The finger print scans taken at the port of arrival are not used for reference to known criminal databases. They are used to make a correlation between the passenger and the passport. So if this is the first time this passport has been used for entry to the USA, the prints are scanned and retained on file in case the passport is used later for entry to the USA. Then on subsequent entries, the prints are compared against those from the previous use to ensure its the same person using the particular passport.

Of course this may be the intent and the defined process, but I have no idea if the massive database of foreigner/alien finger prints may one day be used for correlation to identify criminal activities. But I would be reasonably confident that they are not going to be used for correlation against non-US criminal records or agencies databases any time in the foreseeable future.

However, that should not be a basis for not being honest when completing a legal declaration.

 

[ChasingDaylight]

Not to unduly alarm anyone, but speaking from experience (though not Australian related), if the US gets a whiff of something dodgy, they try and dig up as much as they can (sometimes getting very creative on how they do it). Privacy / Official Information legislation by and large protects people, but only so far.