Hi Judith, thank you for your response.
According to my information, I was released without conviction or record. I did appear in court before a judge.
I'm trying to obtain court documents which may provide a more legal response than the one I'm giving you now.
From memory (17 years ago) the facts were read, and I admitted to the truth. I think. I remember saying very little, and I remember it being rather quick.
What specific information would I need to provide to you so you can get a clearer picture?
I believe it was a section 10(1)A or B. A is a dismissal, B is dismissal of charge with a good behavior bond, which is most likely the one I received.
This is the reference I used:
The same site also says This section allows a Court that finds you guilty of an offence, to discharge you without recording a conviction.
That means that you admit to the facts and under US immigration law that is a conviction.
OK this being the case it looks like I can't apply through the ESTA system?
With regards XXXXX XXXXX refusal;
What is the criteria for endorsement of a waiver or a refusal?
Has this recently become more stringent? (I have been issued a visa previously and my circumstances have not changed since)
Is the matter considered minor because I have no criminal record, it was a long time ago, and i've never been in trouble before or since?
Would submitting additional information reverse this refusal?
II. Definition of Conviction
A. Statutory Definition
Congress defines “conviction” at 8 U.S.C. § 1101(a)(48)(A), INA § 101(a)(48) as
The term ‘conviction’ means, with respect to an alien, a formal
judgment of guilt of the alien entered by a court or, if adjudication of guilt
has been withheld, where:
(i) a judge or a jury has found the alien guilty or the alien has entered a plea
of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt,
(ii) the judge has ordered some form of punishment, penalty, or restraint on
the alien’s liberty to be imposed
At Page 2
When you applied for a visa in 2008 did you admit to the arrest? The visa application asks if you were ever arrested.
Did you take in the court dispositions?
Still here Judith, just doing some research!
Sorry Judith, I dont know happened then. Here is my reply to your question;
Yes I admitted to the arrest in 2008. No I didn't take in any court documents, and they never asked, which is why I didn't think I would need them now.
Just to clarify "arrested": I was taken back to the police station and interviewed, and issued a court summons. Apart from the interview I was not held or sent anywhere for detainment. (I'm not sure if this makes a difference really, but I don't know if the U.S. definition of arrested is different from the Australian definition)
Sorry Judy, I accidentally closed my browser and now cant log back into our conversation. Just trying again now.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).