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Hi Everyone,

You all make some very interesting points. I do really appreciate everyone's input to my questions. I'm still waiting for my criminal record to come back...once I see it, I'll know which way to go abouts doing it.

Thank you very very much again!

Iven

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11

OP, FWIW (and I hesitate to offer this comment), I know several Australians who have convictions for drunk-driving and other minor offenses years ago who have successfully entered the USA in recent years under the VWP. So I assume they just ticked 'no' on the visa waiver form. Also we have a system in Australia of 'spent convictions', meaning that if you commit a minor offense and then have a clean record for 10 years (5 years if it was a juvenile offense), that minor offense is considered 'spent' and does not need to be declared if you apply for a government job etc. There are of course exceptions for some offenses and for certain occupations such as school teachers.

Many Aussies would have old, 'spent' convictions from their youth which are considered expunged here, but which officially must be declared to the US authorities. As far as I know, many of these peope feel justified in ticking 'no' on the US immigration form as under their own law they do not have a conviction that must be disclosed. I do not believe the Australian giovernment routinely shares minor offenses with US authorities. Certainly the Australian government participates in intelligence sharing arangements with the US and other countries, but I understand these focus on serious criminals and terrorists. All of that said, it's up to you. As others have said, you really don't want to be refused entry and added to some list of people who are prohibited from entering the USA.

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12

Dominic - great to hear from you again.

And I'd agree with everything you said. As far as I'm aware Australia DOES share information with the US.

But there is no way we are sharing information with them that even we don't keep, such as offences where no conviction is recorded or spent convictions.

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13

I would agree with #8, Canada could be a problem for you. Since you will be using a passport for entry they may find you problem and not let you in. In the past US citizens going to Canada almost needed nothing, but if they did a compresensive search and got your drivers license and could find that you were arrested they will deny entry. I would recommend that you talk to the official people who know for an opinion.


When setting out on a journey, do not seek advice from those who have never left home.
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14

Hi there,

I was very apprehensive about going to the USA about 2 months ago.
I have a criminal record and served a year in jail about 7 years ago. It was also a federal offence.
I read all the forums and stuff...unless someone has actually done it, i wouldn't really listen to them...it just makes you go crazy.

Here is what I did:
* Wait until 48 hours before flight and fill in the visa waiver thing at ESTA.
* Answer no to all of them. if you answer truthfully, you will not get in.
* Don't worry about any visas. People say you "should" get one...but once again, unless they haven't actually done it themselves, they're just guessing.
* Before landing in Los Angeles, they gave me the usual forms. One of them asks similar questions to the Visa Waiver questions.
* They take fingerprints and eye scans of everyone, but that is more for their own records, not to check if you are a criminal.
* I assume that they don't check criminal records with australia because i got in totally fine.
* They scan your bags etc to make sure you don't have drugs and guns on you etc.

I was anxious all the way until i got out of the airport, but there was nothing to worry about.
I don't want people not being able to enjoy their holiday because of something they did years ago...that's why i'm posting this.

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15

Thank you for getting back to us on this.

When do you have to renew your passport. Here in the states I think they ask if you have any felonies and if you do I think you could have a problem either getting a new passport or maybe at that time that information gets put with your passport information. Would you get back to us after you renew your passport to let us know if you have any new problems.

I am from the US and I have a friend who was denied entry to Canada a few years ago. When he went through customs they ran a check on his liscense and found he had been arrested over 20 years ago for stealing some gas out of a car when he was a teenager. I also understand that when you are waiting in line in your car to enter Canada they have cameras viewing you car license plate and check through their computer to see if there are any problems mentioned related to that car. Things have changed a lot here since 911.


When setting out on a journey, do not seek advice from those who have never left home.
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16

Hi,

My brother got into some trouble in Australia and needed to find if he had a criminal record or a public court record and I went to this website to do some research for his Australian criminal records criminalrecordsau.com I did find the violation he was worried about and worked with a lawyer here in the US to find one in Australia to help with the case. Best of luck!

Dglobetrotter.

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17

Sorry, dglobetrotter again - I think you do need to type in www before the address so it is www.criminalrecordsau.com if you are looking to search or check Australian criminal records or public court records.

DG

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18

Hi all i have been reading all replies quite a few different answers but in general i gather

arrest only, NO conviction that we should just say no on the form?

I have this problem currently, i already have my VWP but have to go to court, which my solicitor says no conviction will be recorded

am i right in saying that arressts won't come up on the screen of the officer at immigration?? only convictions??

please help if you have any advice or knowledge on the procedure of the immigration ppl

I dont think i will change my VWP application and take the chance? opinions people?

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19

The US form covers not just convictions, but arrests, so legally, you should be disclosing this.
BUT, as many have mentioned before, if even we don't have a record of what you did (by not recording a conviction) there is no way the US will know this.

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