Travelling to the U.S with spent convictions

[rzzo]

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.

This is really interesting, thanks for sharing your conversation with the AFP.

I found this helpful link on the matter too, although it's based in the UK. It's a charity for people with convictions -

www [dot] unlock [dot] org [dot] uk/xoffenders.aspx?sid=108#US

If a conviction is spent / not recorded, the point of that is so you are not discriminated against and don't have to disclose that information anymore.

 

[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

Hence why this should have been stickied as HarryB said.

 

[Chynadoll]

Ive got a 13 year old conviction for breaking a windscreen and ordered my criminal history check and it didnt come up, I rang the Criminal History people and they said its not coming up on their computer, they said America cant access that information,should I wing it or apply for a visa??

 

[The Rok]

Ive got a 13 year old conviction for breaking a windscreen and ordered my criminal history check and it didnt come up, I rang the Criminal History people and they said its not coming up on their computer, they said America cant access that information,should I wing it or apply for a visa??

Wing it.....

 

[Chynadoll]

I decided to apply for the visa, im not going to risk spending all that money and get turned away or banned from entering the US ever...

 

[serfty]

I decided to apply for the visa, im not going to risk spending all that money and get turned away or banned from entering the US ever...

Your choice, but at least you should have peace of mind.

IANAL, but I reckon your application would (in the long run) enable yo to travel to the USA - it may be declined initially, but a waiver would likely be forthcoming in such an event.

 

[Chynadoll]

I need peace of mind, and I have a conscience too..Will let you know how I go..Thanks Serfty

 

[Chynadoll]

I just spoke with a US lawyer who said I should make an appointment to discuss my case, as I have an assault charge from 2009 but it says Assault (this crime is broken down into several categories, which involve moral turpitude):
(a) Assault with intent to kill;
(b) Assault with intent to commit rape;
(c) Assault with intent to commit robbery;
(d) Assault with intent to commit serious bodily harm; and
(e) Assault with a dangerous or deadly weapon (some weapons
may be found to be lethal as a matter of law, while others
may or may not be found factually to be such, depending
upon all the circumstances in the case. Such circumstances
may include, but are not limited to, the size of the weapon,
the manner of its use, and the nature and extent of injuries
inflicted.)
My assault was scratching someone on the face so it shouldnt be serious im thinking?? Will let you know how I go..

 

[flymetothemoon]

Your choice, but at least you should have peace of mind.

IANAL, but I reckon your application would (in the long run) enable yo to travel to the USA - it may be declined initially, but a waiver would likely be forthcoming in such an event.

I must have a dirty mind!

 

[Hvr]

I just spoke with a US lawyer who said I should make an appointment to discuss my case, as I have an assault charge from 2009 <snip>

You're seeing a lawyer which is best in this situation. However, based on anecdotal feedback posted here the US authorities generally like to see a five year offence free period since your last conviction. If you're going to have an issue that may be it.

Good luck and I look forward to hearing how it goes.

 

[Chynadoll]

The Immigration firm wants $700 for the initial consult, I have googled assault regarding moral turpitude and it says Assault (this crime is broken down into several categories, which involve moral turpitude):
(a) Assault with intent to kill;
(b) Assault with intent to commit rape;
(c) Assault with intent to commit robbery;
(d) Assault with intent to commit serious bodily harm; and
(e) Assault with a dangerous or deadly weapon (some weapons
may be found to be lethal as a matter of law, while others
may or may not be found factually to be such, depending
upon all the circumstances in the case. Such circumstances
may include, but are not limited to, the size of the weapon,
the manner of its use, and the nature and extent of injuries
inflicted.);
I only dug my nails in my ex's face and was charged with assault..What do I do? Do I go to the US consulate and show my criminal record check and do this on my own or do I pay $700 to find out if my crime is moral turpitude? CONFUSED please give me some advice..Thanks

 

[MEL_Traveller]

The Immigration firm wants $700 for the initial consult, I have googled assault regarding moral turpitude and it says Assault (this crime is broken down into several categories, which involve moral turpitude):
(a) Assault with intent to kill;
(b) Assault with intent to commit rape;
(c) Assault with intent to commit robbery;
(d) Assault with intent to commit serious bodily harm; and
(e) Assault with a dangerous or deadly weapon (some weapons
may be found to be lethal as a matter of law, while others
may or may not be found factually to be such, depending
upon all the circumstances in the case. Such circumstances
may include, but are not limited to, the size of the weapon,
the manner of its use, and the nature and extent of injuries
inflicted.);
I only dug my nails in my ex's face and was charged with assault..What do I do? Do I go to the US consulate and show my criminal record check and do this on my own or do I pay $700 to find out if my crime is moral turpitude? CONFUSED please give me some advice..Thanks

I think there's a lot more research... just googling 'definition of moral turpitude' turned up an explanatory document with some commentary including this (bolding mine):

b. Crimes committed against the person, family relationship, or sexual
morality which do not involve moral turpitude include:
(1) Assault (simple) (i.e., any assault, which does not require an evil
intent or depraved motive, although it may involve the use of a
weapon, which is neither dangerous nor deadly);

The document is here (if the link works) but I can't vouch for the source of the document or if it is still current: http://www.state.gov/documents/organization/86942.pdf

 

[Chynadoll]

Are you saying thats better for me? I only dug my nails in his face and was charged with assault..Im confused now...The immigration lawyer just called and said because im engaged to be married it changes everything for the better, so will go ahead and pay $700 to get this sorted out..

 

[MEL_Traveller]

Are you saying thats better for me? I only dug my nails in his face and was charged with assault..Im confused now...The immigration lawyer just called and said because im engaged to be married it changes everything for the better, so will go ahead and pay $700 to get this sorted out..

It's not something I can advise you on.

$700 is a lot of money. But at the same time you probably want the peace of mind. From the reports on here it sounds like it can be a long process.

You shuold also consider whether also need to disclose your prior issues to the immigration lawyer. I can see at the back of my mind an immigration officer asking you more details when you arrive in the USA along the lines of 'ok I see this assualt - is there anything else you have even been arrested/convicted for?'. In that circumstance - even though your earlier one might not show up -you'd have to make an instance decision where to tell them or not. Any hesitation and they might decide to go looking.

 

[Chynadoll]

My cousin just travelled to the US on a visa waiver and she assaulted a policeman by spitting on him and got in no worries...I will do the right thing and do it all above board..I dont think im going to have a problem with it, im going to get married so I think my visa changes to a fiance visa?? will find out when ive had my appointment..

 

[MEL_Traveller]

My cousin just travelled to the US on a visa waiver and she assaulted a policeman by spitting on him and got in no worries...I will do the right thing and do it all above board..I dont think im going to have a problem with it, im going to get married so I think my visa changes to a fiance visa?? will find out when ive had my appointment..

you keep introducing new facts. Second charge - and now not only that you are engaged, but engaged to a US citizen?

I appreciate your desire for privacy (I wouldn't want to disclose everything on a public forum either ) so maybe better to just stump up the cost.

If you are getting engaged then you may need a visa longer than 90 days anyway - so might as well go through the whole thing properly from the start. (I gather once you get the first one and nothing changes then subsequent ones should be easier?)

 

[Ausbt]

A I only dug my nails in his face and was charged with assault

Can you please just clarify for me: you were charged with assault, but were you actually convicted or was the case dismissed? It's of interest because I've been charged with assault also, case dismissed and travelled to the US on three occasions since. I've also submitted a Police Record Check to a US employer since with no activity recorded (I'm still a cleanskin). I'm trying to understand if the US care about charges or only the results of those charges.

 

[Chynadoll]

I was charged and convicted with assault...Its on my criminal record..

 

[Ausbt]

I'm sorry to hear that, sounds rather unreasonable. Good luck in your travels anyway.

 

[MEL_Traveller]

I'm sorry to hear that, sounds rather unreasonable. Good luck in your travels anyway.

digging fingernails into someone's face and charged with assault? doesn't sound too unreasonable