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VIC Convicted for Drugs Years Ago - Criminal Record still on File?

Discussion in 'Criminal Law Forum' started by boston87, 18 August 2015.

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  1. boston87

    boston87 Active Member

    18 August 2015
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    I will try to make this short. About ten years ago, I made a stupid mistake. I was arrested with possession of ecstasy, the amount of 5, enough for the drugs trafficking amount and I was convicted and fined $3000.

    I'm 28 years of age now and I want to put all that behind me, and I was hoping I could get it cleared somehow?
    I also want to go on a family trip overseas, specifically America and I'm worried when the family and I land I will be stopped at customs. What would be my best option?

    I know you can apply for the waiver through the embassy but I just think I will be flagged once I arrive. So my two questions are, is my criminal record still on file given its been 10 years? And I live in Victoria, so as far as travelling goes, what is the chance of me being stopped if I tick no on the form you get on the plane?

    From what I have read some country's aren't as stringent, e.g. UK, etc.

    Thank you for reading I appreciate any help.
  2. Amanda E

    Amanda E Well-Known Member

    9 April 2014
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    You'll have to double check the ESTA / US Visa requirements and questions that you'll be asked when you enter the country. I think the question around drugs offences is more along the lines of 'have you ever been convicted' rather than 'do you have any non-spent convictions'. So in that case, you may need to apply for a special waiver/visa to enter the USA. Perhaps the US Consulate in Melbourne can give you more specific information: U.S. Consulate General Melbourne | Melbourne, Australia - Consulate General of the United States

    My understanding is that convictions become spent and don't show on an Australian police check after 10 years, so I imagine the relevant US agency would need to specifically request that information from Australian police to know whether you've had any convictions. Also read What Would a Police Check Reveal About You? - Legal Blog -

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