QLD Going to USA - Will They See Spent Criminal Record?

[Aveago]

A friend wants to visit a relative in the USA. Four years ago, when she was 22, she was convicted of possession of a small amount of cannabis. The conviction was spent immediately. Will the immigration department in the USA be able to see this on her criminal record?

 

[Tim W]

Have her contact the US Embassy and ask

 

[Tony Danos]

Victoria does not have spent convictions.

 

[Aveago]

Not in Victoria. In WA

 

[Tim W]

WA provides for some convictions to become spent immediately
(a Spent Conviction Order)

 

[Aveago]

Yes it was spent immediately. I just want to know whether its going to show up if the immigration people check her record.

 

[Tim W]

Thing is, there will be information sharing arrangements
between Australia and the US as part of the ESTA / Visa Waiver deal.

The real question here is

"Does the applicant need to apply for a visa, rather than rely on an ESTA?"​

I rather think they do. This is because ESTA is basically for cleanskins,
and you're friend is not one.

I repeat my earlier suggestion.

 

[Aveago]

Thanks. Ill suggest to her that she does that.