I'm looking to travel to the states later this year. I was arrested and charged with public drunkeness and resisiting back in 2009. I had never been in trouble with the law before and have not since. In Victoria there is a diversion program in place which if successful in your application for it sees the case adjourned and later dismissed. I recieved a diversion and made a $100 donation to charity and was put on good behaviour for 3 months. I was told that the charges and diversion finding could only be accessed by the prosecutors office ( so that they could bring it up if I was ever in trouble again) but I would have no blemishes on my police record and no future employer would ever know.
My question is how can the u.s immigration department have any access to this information if no one else can? I dont want to lie on the visa waiver but I feel that I would be cause more trouble for myself if i went through the visa application.
Also i found on a u.s immigration website that public drunkeness does not constitute moral turpitude but I am not sure about resisiting police?
any help would be greatly appreciated!