OK so I have spent the last 4 hours investigating this, and I know this question on criminal records has been asked way to many times. But as every case is different, I thought I would try and get an answer for my brother.
Here goes- He was arrested 1 year ago for possesion of a very small amount of speed and marajuana. He attended a court trial and was NOT convicted. He paid an $800AUD fine.
He and his girlfriend have booked 4 weeks in The USA in Feb 2013- arriving in Florida first. Should he fill in an ESTA? If so the question: B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; He would answer YES. But will he then get rejected for the VWP? Or should he apply now for a VISA? What is the likelihood of being approved? The crime was recent, but he was not convicted?
Your help is most greatly appreciated!