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As I'm guessing you're in Victoria it is the only state that any sort of conviction is NOT spent. So what you need to do is
1. Apply for your National Police record and tick for Visa purposes
2. When it comes back, if its clear, you have no problems and can honestly tick "No" to the question on the ESTA form if you have ever been charged or convicted
3. If the police record comes back with something on it, you cannot apply for the ESTA. You must apply through the consulate for a visa. This process at the moment takes anywhere from 5 -8 months for them to make a decision if they'll grant you a VISA. As the offence took place in 2009, they will treat that as current and may deny you on the spot (and not recommend to Homeland Security that you be recommended for a VISA). You must provide them with a copy of your police record and court documents. It is a lengthy process.
4. If you don't follow these processes and apply for an ESTA and lie on the application form (if your record does show). They can find out (it happened to a friend of mine with one charge for theft dating back 20 years..and he was from Victoria also). They will send you home and ban you from entry ever.
Hey guys, just thought i'd give an update as to my visa quest. Had my interview today with the Melbourne US consulate, got through to the vice-consul. hen presented my case and backstory, to which he said i was ineligible for a visa but because the offence was SO out of character, he was going to strongly recommend a waiver and will be sent off this afternoon. We then discussed the waiver requirements (matter of Hranka) and my case facts are extremely similar to the matter of Hranka and therefore would be unlikely for it to be declined.