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NSW Application for US Non-Immigrant Visa - Disclose Drink Driving Offence?

Discussion in 'Immigration Law Forum' started by Victoria_SanDiego, 24 May 2016.

  1. Victoria_SanDiego

    24 May 2016
    Likes Received:
    I have started the application process for an L1 Non-Immigrant visa for the USA, and I have answered 'No' to the question of ever being arrested / convicted.

    I was just wondering if I have to disclose a drink driving offence that occurred over 10 years ago (13 years to be exact) in a different state? I've read somewhere that the record expires after 10 years, is this correct?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi there, whether this will appear on your criminal record will firstly depend on whether or not you went to court. If you don't go to court, it is not a conviction, but a traffic infringement. Also, yes after 10 years in most states, provided you have had a perfect record since, minor convictions become spent and no longer appear on your normal criminal record. However, there are certain purposes for which you must obtain a full record which shows your prior convictions.

    In addition, it would not be correct to tick no, if you have been convicted of something before, whether or not it is a spent conviction. Check this out: Arrests and/or Convictions | Canberra, Australia - Embassy of the United States

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