Criminal record and obtaining a US visa

[Cynicor]

One thing is that the questions have changed. I'd look at the ESTA (make sure you use the right site) and see if you can honestly answer No to all of them. You might be pleasantly surprised and avoid a lot of heartache. There is no more moral turpitude and similar confusion, it's more black and white.

 

[Pando]

Without wanting to put the thumbs screws in, it's the consequences of your own actions.

Wait out the time and apply for a visa in years to come and you'll get through no worries. While you may have turned yourself around the evidence for this is will only be looked at by the US after a period of time and then you can not only put your hand on your heart and say you're a better person but also have the 5 or more years of clean living to prove it.

Best of luck and enjoy Europe now and save the USA for next time as it is a great place to visit.

Not offended thanks for the reply and well wishes!
Definitely a result of my own actions and I'm tackling the consequences head on. I guess it sucks when so many places across the globe now including some states in the US don't see marijuan_ in the criminal aspect. Nonetheless these laws are still in place so in the mean time I guess ill have to put my money and effort into South-East Asia or Africa!

 

[trayden]

If you apply for an ESTA you will possibly be denied for what you have to answer on the ESTA unless you do not tell the whole truth in which case if they find out you lied you could be banned for 10 years.
Have you tried for an ESTA yet? If denied you can still apply for an embassy Visa and they are dealt with on a case by case basis.
Not sure what nationality you are but Australia does not share court/criminal records with USA on a "State" level only on some Federal levels . Murder Rape or other sex crimes all stay at the Federal level for life even spent convictions so are sometimes shared with USA for obvious reasons.
If your conviction is "spent" and you had no jail time you do not actually have a conviction in UK AU and NZ and need not tell anyone you have a spent conviction or even had a criminal record because it is Spent! Problem is USA doesn't see it that way, even an admittance of "arrest" is seen as undesirable enough to be denied Visa or ESTA, USA doesn't have spent convictions laws! what you tell them is what they then know about you for life.
As others have said do not by a ticket to USA without an ESTA or a Visa as you will be denied boarding the plane and all airlines check because if you arrive in US without authorisation the airline has to take you straight back home at their cost.

 

[Pando]

If you apply for an ESTA you will possibly be denied for what you have to answer on the ESTA unless you do not tell the whole truth in which case if they find out you lied you could be banned for 10 years.
Have you tried for an ESTA yet? If denied you can still apply for an embassy Visa and they are dealt with on a case by case basis.
Not sure what nationality you are but Australia does not share court/criminal records with USA on a "State" level only on some Federal levels . Murder Rape or other sex crimes all stay at the Federal level for life even spent convictions so are sometimes shared with USA for obvious reasons.
If your conviction is "spent" and you had no jail time you do not actually have a conviction in UK AU and NZ and need not tell anyone you have a spent conviction or even had a criminal record because it is Spent! Problem is USA doesn't see it that way, even an admittance of "arrest" is seen as undesirable enough to be denied Visa or ESTA, USA doesn't have spent convictions laws! what you tell them is what they then know about you for life.
As others have said do not by a ticket to USA without an ESTA or a Visa as you will be denied boarding the plane and all airlines check because if you arrive in US without authorisation the airline has to take you straight back home at their cost.

I am Australian, I don't have a conviction in Australian Law but not sure whether it still appears if US Authorities check. It would not be spent because it is only just over 4 years ago.

 

[trayden]

Its quite simple really! Call the Federal Police and ask them., if you have no Federal record you have no record to be shared,State police do not (usually) share any records with USA
Canada and USA share all arrest/conviction info. UK AU and NZ share information with each other but not with USA.

Your conviction isn't yet spent so you have a moral obligation to tell them about your conviction.

 

[UP4014]

If you head over to Africa when you get to Johannesburg they won't even ask you to fill a form on arrival. Far more of a hassle getting back out than in.

But I must admit the USA is more appealing for me. Do the time and get the visa then have fun, great place for a road trip.

 

[trayden]

Actually I am now confused? is your conviction from outside Australia?
If you don't have a conviction recognised under Australian law then you don't have a conviction to become spent! If you have a conviction for cannabis possession from UK NZ or Europe its the same as having an Australian conviction.

The point is you have a moral duty to disclose the correct information asked of you either ESTA or VISA and any information given to US authorities "by you" is kept on US records forever even admittance of any simple arrest without charges.

If you have been arrested/charged or convicted of any crime they don't really want you in their country because they already have enough and the reason for you to plead your minor case along the Consulate/embassy visa route

Call the FEDs and if you get a friendly one they will tell you they do not share minor criminality information with US authorities because they just don't have the means or human manpower to input such records.

If you have seen the ESTA questions take note of "Mortal Turpitude" lol​

 

[Pando]

Actually I am now confused? is your conviction from outside Australia?
If you don't have a conviction recognised under Australian law then you don't have a conviction to become spent! If you have a conviction for cannabis possession from UK NZ or Europe its the same as having an Australian conviction.

The point is you have a moral duty to disclose the correct information asked of you either ESTA or VISA and any information given to US authorities "by you" is kept on US records forever even admittance of any simple arrest without charges.

If you have been arrested/charged or convicted of any crime they don't really want you in their country because they already have enough and the reason for you to plead your minor case along the Consulate/embassy visa route

Call the FEDs and if you get a friendly one they will tell you they do not share minor criminality information with US authorities because they just don't have the means or human manpower to input such records.

If you have seen the ESTA questions take note of "Mortal Turpitude" lol​

Sorry my wording did confuse you lol, I am under Australian Law but I recorded a Non-Conviction because I passed through my GBB without trouble. It’s a shame that we are offered this outcome in Australia but then when it comes to travelling overseas it still has an affect on our movement.

 

[harvyk]

I'll reiterate again, speak to a lawyer who can give you actual legal advice on where you stand and what you have to disclose based on your actual situation and in regards to current laws both here and in the USA. The advice given here thus far seems to be personal (or 3rd hand) experience, and not from lawyers, and importantly not from your lawyer who knows everything about your situation.

It probably won't even cost very much.

 

[Pando]

Yeh of course I’ll speak to a lawyer before I make a decision. In the mean time does anyone know which AFP Police Check code has to be checked?
33 - Immigration/Citizenship
Or
35 - Overseas Emoyment/Visa

 

[Buzzard]

I'm not giving you advice @Pando just stating what I would do under similar circumstances. I'd apply for the ETSA and not mention the M word thing.