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Take at look at this thread:
http://www.frequentflyer.com.au/comm...a-6431-24.html
I have just posted a lot of information regarding findings of guilt with no conviction and spent convictions. Although it is regarding NSW you would be able to find the same relative legislation for your state which would be similar.
In short a finding of guilt becomes spent as soon as any fine or penalty (Good Behaviour Bond) is complete. Any other conviction becomes spent after 10 years of crime free period, from the last conviction. Some convictions however are excluded. I.e ones of sexual nature or involving minors. One a conviction is spent you do not have to disclose it to ANYONE and it no longer forms part of your criminal record. Although the act in NSW does not cover arrests, someone can still legally ask you about being arrested. You may choose to disclose it even though there is no way for them to find out unless having access to your criminal history. This is different to your criminal record and foreign agencies do not have access to this.
As to the previous poster:
You travelled to the US in 2006 without a problem. If your online ESTA says you are approved to travel I would not worry about the visa as in all honestly your chances of getting one are probably not great.
If you go off the Australian Traveller guide to travelling to the USA it says:
"Australians with a criminal record (regardless of how minor or how long ago the offence took place) should ensure they seek advice about their visa requirements for entering or transiting the United States as they may be refused entry."
You had a finding of guilt, which does not form part of your criminal record, therefore you should not be required to seek advice from the consulate.
The website also has a frequently asked question that asks:
It says the system will advise you whether you MUST visit the embassy. If you fill out the ESTA and tick no to all the questions and If the ESTA says you are authorised to travel then IMO there shouldnt be a problem.I was arrested/convicted of a crime years ago. Can I use the VWP?
ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. If you have been arrested for or charged with a crime, including offences involving drink driving or the use of a controlled substance, you may require a U.S. visa and, in some cases, a waiver of ineligibility. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit a U.S. Embassy or Consulate to apply for a visa.
As to the OP your arrests are going to be the problem. I cannot say you are legally allowed to answer no to the question as the act does not cover arrests. It is up to you whether or not you disclose it. I can however say that you have a clean criminal record, therefore to effect you do not have a criminal record as all your convictions are spent. As per this and as per the Australian Travel guide you are fine to travel. As I said before your arrests form part of your criminal history, as do your spent convictions and foreign agencies do not have access to your criminal history.
This just my opninion from the research I have done regarding this topic. Do not take it as fact.
The USA of course would love to know everything about you. Especially information they cannot legally obtain without you disclosing it to them.
Hello,
it's been a while since I posted here, but I have a criminal record in Australia and managed to successfully obtain a visa to enter the USA as either a tourist or for business.
I have four charges, acquired when I was nearly 19 (I am now 28), and technically only 2 or 3 are "moral turpitude". Essentially theft related, but nothing major - just one of those stupid things you do as a teenager!
I was invited to present some research at a conference in LA last November, but upon registering my details at the Visa Waiver website, I ticked "yes" to the arrest question, starting the whole interview process.
First, I had to obtain a criminal history from the police, which took about 3 weeks. Then go to the visa interview which took all morning (well, the interview only took about 5 mins, but the waiting around and security sceening took all morning...). I took with me supporting documents from my employer, the conference chairperson, my research supervisor, but none of that was of any interest to the consulate. All they cared about was my criminal record.
The informed me that my application for a visa was denied and they would send off to Washington (DHS) to apply for a waiver. The held my passport and told me to go home and wait.....
So wait I did..... I waited until two days before my flights (3 weeks after the interview) and called the expensive consulate number only to hear that they could not update me on the progress of my case. After calling a number of times over the next day, I finally managed to find out that my waiver had been approved and I could obtain a visa. It just needed to be printed.
Over the next couple of days, I literally waited by my front door for a courier and delayed my flight each day the courier failed to arrive. Eventually, it was too late to fly out and I had to cancel my flights and accommodation.
Finally, about 5 weeks after the interview, my passport arrived with a visa valid until this August, so 6 months or so.
Upon doing a bit more research, it turns out that each time I want to fly to the US, I think I need to go for an interview again. someone said that I may be able to get a 5 year visa, but I haven't looked into that yet.
All I can say to anyone who goes through this process, is Good Luck and just be patient.
.... and start the process early.Originally Posted by zetski210
cheers,
Bill.
QFF Platinum (OW Emerald) LTSilver & 30.21% to LTG, Velocity FF Platinum, UA Nothing, HHonors Diamond, PC Platinum RA, SPG Platinum, Hertz Gold No 1, Ansett -- nothing any more!
Did you end up getting your visa Marco32? Did you apply for one? Let me know.
Hi Guys
Ive got a quick question that hopefully someone can help me with. I was charged with a minor theft charge about 5 years ago. After seeing if i would be eligible for the Visa Waiver i ticked box about criminal convictions and was denied. Ive been instructed to apply for a visa via the consulate. In anyones experience would i have any issues in obtaining a visa and if i do, how long are they valid for.
THanks in advance
If it's been over 5 years since the court date you should be fine. As long as 5 years is up then they will accept your application. Let me know how you go!
Thanks for that. Ill start the process soon. We are not looking at travelling for another 12 months. Ill let you know how i go. Thanks again
Yes, that would be great. Good luck!
As long as the crimes were not major and you were not convicted, you will be able to get a VISA, but you will always need one to enter the US (unless the change their laws).
You can pay extra and get a 5 year VISA though
It doesn't matter how small or big the crime is, you still have to wait the 5 years and even if you were convicted of the crime, you can still try to apply for a visa after 5 years. Of course if you were not convicted then you do not have to wait 5 years, but any convcition, recorded or not recorded, you still need to wait the 5 year ban unless they tell you otherwise when you go for your interview (depending on the circumstances)
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