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Another annoying criminal record question!

Melbourne, Australia
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24 posts
14 reviews
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Another annoying criminal record question!

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!

Thank you.

Ghent, Belgium
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2,562 posts
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1. Re: Another annoying criminal record question!

Try this and find out for yourself.


And btw, answering yes to that question will results in advice to get a visa.

Edited: 18 November 2012, 00:13
Destination Expert
for Florida
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48,416 posts
22 reviews
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2. Re: Another annoying criminal record question!

He will in all likelyhood need a visa. As he paid a fine, he has admitted the crime (if found innocent you don't pay). His offence includes controlled substances, so to my reading of the subject, he is not elligible for an ESTA.

So contact your nearest embassy TODAY for an appt. He may not have enough time. He may need to postpone his trip.

3. Re: Another annoying criminal record question!

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Removed on: 16 December 2013, 11:17