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41. Posted by jimbob15 (First Time Poster 1 posts) 46w

Hello

I am from Australia and I recently plead guilty in court to a minor charge of fraud to which I received a small fine & a non recorded conviction. Which I didn't mind because in most counties, immigration only asks about your criminal record. Until a friend told me the USA have recently changed there immigration form to ask about any charges & convictions recorded or non recorded !

Do the US immigrations have the ability so see un recorded convictions for Aus passport holders or others?
Do they rely on you to answer the question honestly?

Previously I have been refused entry into the UK, for an unrelated reason. So my passport is flagged when I enter there & need to go through the process to prove my validity as a tourist. Would that show when I try to enter other countries? I don't think it does because I haven't has issues anywhere else, just posing the question....

Thanks

J

42. Posted by Shem (Budding Member 9 posts) 46w

Hi J

I just came on your question by accident and I looked up some information. What the immigration controls of any country look at can be confusing, as well as what they can see. What I can tell you for certain is that the only thing that flags up with any passport is if the holder is on a government Watchlist, i.e. if you are a major criminal, awaiting trial or a terrorist and a threat to the country. These are flagged up no matter what country you travel to.

This is the link for the information and I really do hope it helps. I wish you well and a safe journey should you decide to go.

http://hub.unlock.org.uk/knowledgebase/travelling-america-usa/

43. Posted by businessExec (Budding Member 7 posts) 40w

Hi guys (particularly Terry),

I am looking for a little advice. I have scoured the internet for answers. Here goes...I have recently been offered a new job which will require travel to the US (New York Specifically) . I have a criminal record for one offence which took place when was 14 years old. Due to join enterprise and even though i had very little input into the fight...i got convicted of wounding at the age of 15. I have no other offences on my record and this is now over 10 years ago.

So, as you can imagine, i don't particularly want to have to tell my employer about this record and I'm worried if i declare it when filling in the forms i wont get accepted and will have to go through the long visa process for the US...and possibly lose my job at the same time! This criminal record was due to being in the wrong place at the wrong time as a child, something i am ashamed of and want to keep in my past.

I have lived in Australia for a number of years up until recently and i did declare my criminal record with them when applying for my Visa's! So does this mean that, when the US consider my ESTa Application, it will flag up as i confirmed the wounding offence with Australia over 4 years ago? Will interpol store this info too? I also got a DUI in Australia so I'm not sure if this will show either.

Im trying to establish whether i should apply for the business visa myself and be open about the record (although i will miss the business trip to new york with my employer as it will take longer to get the visa) or simply answer no to the criminal conviction question and hope for the best. Im not sure if wounding is classed as moral turpitude and now the question no longer states moral turpitude, it states ANY conviction. I know that if you were a youth and only have one offence that it helps...

Hope someone can help me with which way to go about it!

Post 44 was removed by a moderator
45. Posted by CheersT (Travel Guru 2455 posts) 39w

Sorry that rational, accurate information ruffles your feathers.

Grow up.

Cheers,
Terry

46. Posted by businessExec (Budding Member 7 posts) 39w

Sorry I'm confused about your reply? Please help

47. Posted by CheersT (Travel Guru 2455 posts) 39w

Sorry businessExec, my Reply #45 was directed at the idiot who posted at Reply #44. I'm sorry it was deleted.

I'm not going to attempt an answer to your query. Post it again here:

http://www.travellerspoint.com/forum.cfm?thread=22639

Good luck.

Cheers,
Terry

48. Posted by jonboy1974 (First Time Poster 1 posts) 38w

Hi,

I have a question about leaving the US. A friend of mine is a UK citizen living in New York. He is in a legal dispute with his former employer and was arrested and accused of embezzlement. He is in the legal process currently. As part of his bail condition he had to surrender his passport. He gave up his passport but has applied for a new one, and has it, and is thinking of travelling home to the UK before his trial (in August). I have told him, he will likely be on a no fly list, and wont be able to leave the country, but he thinks this isn't true.... what are your thoughts

James

49. Posted by CheersT (Travel Guru 2455 posts) 38w

That is a unique question that no one can answer.

Good luck to your pal.

Cheers,
Terry

50. Posted by OldPro (Respected Member 284 posts) 38w

Here is how it works. There are laws and if you break them there are consequences.

So someone screwed up sometime in the past and now wants to travel only to discover their past mistake may be a problem today. The person may not be a career criminal but s/he is also not without guilt. What s/he wants is to avoid paying the price that came with that past crime.

Well there are two ways that can go if s/he decides to lie about it. S/he can get away with it or s/he can get caught. Those are the only two possible outcomes.

Now consider this. S/he made a bad decision in the past and it got her/him a criminal conviction. How wise an idea do you think it is it to make a decision now that MAY get him/her another criminal conviction? To me, anyone who decides to lie to Immigration is just confirming that they haven't learned their lesson yet. They were dumb back then and they're still dumb now.

Whether it is someone who was convicted at 15 for stabbing or someone who has had to surrender his passport to prevent him leaving the country, there is only one SMART thing to do and that is to not lie. The hassle, inconvenience, problems it results in, etc. are the PRICE you pay for your past crime. Either you take it on the chin and deal with it or you try to find a way to squirm out of it. The one you choose speaks to your character.

In pretty much every country, there are processes that you can go through to have your criminal record erased after a period of time. THAT is the right way to deal with a past mistake. Lying to Immigration is the WRONG way to deal with it.

And by the way jonboy1974, if your friend gets caught trying to leave the USA, he will be in whole world of hurt. Not only will he be immediately jailed for breaching his bail condition, he will be charged with several more offenses as well. What's more, his attempt to 'flee the country' will be used in evidence at his trial for embezzlement as indicating his guilt. There is stupid and there is really stupid.

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