Criminal Record from Overseas

[Mister Jones 0]

Hi guys,

 

When I was a young silly 17 year old, I was convicted for shoplifting goods under $150 and I paid a $300 fine for this charge in Australia. I am now 26 and I haven't re-offended since then. US Immigration approved my visa and AOS even though I informed them about it. I now live in the USA. Now what I want to know is, will this conviction show in an employment background check? Do I have to say that I have been convicted of a crime before even though I was under 18 and it was overseas? Will it show in a local police check or rather an FBI background check? Please let me know if you know the answer! I would really appreciate it!

 

Thanks

[Kevin&Kanyanat 172]

Some states 17 is considered an adult as it pertains to criminal matters. 

Youve been honest and informed the government I would continue to do so. If you lie or omit this on a job application you could be terminated for that. The offense may not have kept you from gaining employment but the dishonesty could cause you to lose it. 

It depends what type of background is run. It's on record with immigration and you sign a release it can be found. Especially with computers. 

I encourage you to be completely honest and forthcoming. I would skip the "young silly" adjectives and be matter of fact. When I was 17 I made a rotten choice and realized that wasn't what I want for my life and my future.  That has a much better ring to it. It shows maturity and honesty. 

Just my 2 cents mate. 

 

Cheers

[Ontarkie 14,286]

~~Moved to Finding Work in America, from AOS Work, Student and Tourist Visas.~~

[Ontarkie 14,286]

Were you considered a minor in Australia, and the record sealed? 

If that is the case then no you do not have to disclose it. 

USCIS will not be giving any employer that information. 

 

 

Edited February 13, 2017 by Ontarkie

[Boiler 45,715]

US does not have any rehabilitation legislation, answer the question truthfully.

[caliliving 606]

honestly, i have never had a job that required a background check... find out if it is still on your auz file.. also, i am thinking it would be a US background check... i would think it would depend on the job.  

[aaron2020 11,651]

First, was this civil or criminal in Australia?  Not all shoplifting incidents are criminal.  Sometimes, it's just a civil fine.  Check on this. 

 

Second, your shoplifting will never show up in a local or FBI background check.

 

Third, answer truthfully on any job application since a lie is a reason to terminate the employee once hired.  

 

 

[Ontarkie 14,286]

~~Duplicate threads merged.~~

[Mister Jones 0]

14 hours ago, Kevin&Kanyanat said:

Some states 17 is considered an adult as it pertains to criminal matters. 

Youve been honest and informed the government I would continue to do so. If you lie or omit this on a job application you could be terminated for that. The offense may not have kept you from gaining employment but the dishonesty could cause you to lose it. 

It depends what type of background is run. It's on record with immigration and you sign a release it can be found. Especially with computers. 

I encourage you to be completely honest and forthcoming. I would skip the "young silly" adjectives and be matter of fact. When I was 17 I made a rotten choice and realized that wasn't what I want for my life and my future.  That has a much better ring to it. It shows maturity and honesty. 

Just my 2 cents mate. 

 

Cheers

I see.  Thanks for the advice buddy! I appreciate it! 

[Mister Jones 0]

14 hours ago, Ontarkie said:

Were you considered a minor in Australia, and the record sealed? 

If that is the case then no you do not have to disclose it. 

USCIS will not be giving any employer that information. 

 

 

Yes,  I was and there's something called the spent conviction scheme which you don't have to mention the conviction after 5 years has passed.  However I did inform immigration about the conviction in order to get my visa to move here

[Mister Jones 0]

9 hours ago, aaron2020 said:

First, was this civil or criminal in Australia?  Not all shoplifting incidents are criminal.  Sometimes, it's just a civil fine.  Check on this. 

 

Second, your shoplifting will never show up in a local or FBI background check.

 

Third, answer truthfully on any job application since a lie is a reason to terminate the employee once hired.  

 

 

It was a criminal and it was a misdemeanor. Really?  Where do they store that information then if it won't show up there? That's true,  honesty has gotten me far

[Mister Jones 0]

10 hours ago, caliliving said:

honestly, i have never had a job that required a background check... find out if it is still on your auz file.. also, i am thinking it would be a US background check... i would think it would depend on the job.  

Oh okay.  Hopefully I won't be asked then 

[EmilyW 1,459]

You would have had to declare the offence during your visa application as they want both spent and unspent offences, even if they no longer show up on a criminal records check.

 

As others have advised, just cop to it.  Say 'I made a bad choice but I learned from it and I've never re-offended'.  Having the self-awareness to admit wrong-doing and to move on productively: that in itself a skill set good employers should seek to get in their employees.  It means the employer can trust you to do the right thing and no history of re-offending affirms that you made a commitment and stuck to it.  Honestly, I'd rather have someone with a conviction who was honest, transparent and who was insightful, than someone who lies.

[Mister Jones 0]

59 minutes ago, EmilyW said:

You would have had to declare the offence during your visa application as they want both spent and unspent offences, even if they no longer show up on a criminal records check.

 

As others have advised, just cop to it.  Say 'I made a bad choice but I learned from it and I've never re-offended'.  Having the self-awareness to admit wrong-doing and to move on productively: that in itself a skill set good employers should seek to get in their employees.  It means the employer can trust you to do the right thing and no history of re-offending affirms that you made a commitment and stuck to it.  Honestly, I'd rather have someone with a conviction who was honest, transparent and who was insightful, than someone who lies.

Thank you for dropping some knowledge. That sounds good and is a very valid point. I will be transparent and honest!