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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 Guest

    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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