3 x DUI & No Criminal History or Records

[Trident123 0]

I'm so happy to have found this site.. and have a bit of a predicament.

 

I'm currently at NVC Stage, Trying to fill out DS260 and the criminal history questions have me stumpted on how to answer it.

 

I'm not proud of my past.. and in no way am i trying to hide it or deny it but here goes:

 

I have 3 prior DUI traffic violations

1. 1996 - Low Range - Nil Conviction Recorded, $500 fine and 3 month license suspension
2. 1999 - High Range - Nil Conviction Recorded, $1000 fine and 1 year license suspension
3. 2003 - Low Range - Nil Conviction Recorded, $700 fine and 1 year license suspension

 

Note: No Other Aggravating Factors Involved, e.g. dangerous, reckless driving etc

 

My issue here is:

• No Convictions recorded - so no i have never been convicted of a crime but HAVE BEEN TO COURT
• Traffic Violations in Australia, ARE NOT or WERE NOT at that time treated as Criminal, theyfore are recorded by the RTA against your driver licence
• Because NO Conviction, my criminal history checks are all coming back clean, with nothing to disclose
• The RTA have no records of the event, only 2 reciepts of payments for the fines assocuated with the 1999 and 2003 violations and no record of what-so-ever of the 1996 one

 

Additionally, Here, LAW's state:

1.  After 10 years from Date of last violation, all records are removed/deleated/destroyed, provided no reoffence has occurred (which it hasnt) and
2. Once records are removed, a person is NOT legally required under State, Federal and Commonwealth Law to disclose any information or event admit to having any violation to anyone including police officers and/or government departments
3. State, Federal and Commonwealth Laws state that it is an offence for anyone to try to or to access records of any violation of this type that may still exist

 

I've checked with the courts that I attended (Local Magistrates): 

1. They have no court documents for any of the abovementioned violations, and two are as if they never occured, nothing there
2. They found the 2003 offence listed on a register of court appearance, but no other details about the hearing/outcomes etc
3. They have told me via email, that the courts delete and/or destroy all court records of this type after 12 years - in accordance with legislation guidlines

 

So after noting all the above, I'm pretty sure I have to tick yes to going to court, but the part where I am have is problems is uploading/obtaining relevant court documents. there litrally are none. I've requested from the court that they provide me with a certified letter saying all court records associated with any traffic violations prior to 2008 have been destroyed in accordance with document disposal legislation, but they have declined to provide this to me, so all I have is an email from the courts registra saying they dont have any records on file by the courts older than 12 years.

 

What to do next? I cant provide the court documents or a certified letter from the courts... its not on any of by background checks, records are sealed/destroyed by the government, if i upload a statement to NVC saying this, I'm almost curtain it will create an RFE for documentation that I just cant provide

 

Basically, if I was migrating to Canada, I wouldnt have to even mention these under commonwealth law which applies to both them and us.. But the US is still requesting this information? or is the have you ever attended court/fined etc specific to Criminal Offences Only?

 

 

 

 

Edited February 6, 2020 by Trident123

[Duke & Marie 1,389]

They are Expunged I believe.. due to rehabilitation and no further offence under legislation..

 

I’m not sure if expunged officenes need to be disclosed? I’m sure someone here will know that answer..

 

but the Australian and Commonwealth government has basically wiped the slate clean for you and are saying it never happened and have deleted everything on your behalf, so that those offences cannot be held against you in situations like employment authority, immigration, or any future offence (god forbid you do it again, but even if you did, it would come as first time offence).. hence the law here saying you don’t need to admit to it.. 

 

sorry I couldn’t be of more help. 

Edited February 7, 2020 by Duke & Marie

[geowrian 22,337]

32 minutes ago, Duke & Marie said:

I’m not sure if expunged officenes need to be disclosed? I’m sure someone here will know that answer..

Yes, they do.

 

32 minutes ago, Duke & Marie said:

so that those offences cannot be held against you in situations like employment authority, immigration, or any future offence (god forbid you do it again, but even if you did, it would come as first time offence).. hence the law here saying you don’t need to admit to it.. 

Within countries that recognize that, yes. For US immigration purposes, they never went away. And admitting to them is necessary. The US doesn't care about Australia's laws.

 

That said, I don't see the DUis being an issue. Documentation may be the hardest part (and I don't know the specifics of this with Australia, sorry!), but the offenses themselves should not be CIMTs. They were also so long ago that I doubt they will be considered a medical inadmissibility as an alcohol abuser or addict.

They may or may not require a psych eval given the history to determine that, though.

Edited February 7, 2020 by geowrian

[Trident123 0]

6 minutes ago, geowrian said:

Yes, they do.

 

Within countries that recognize that, yes. For US immigration purposes, they never went away. And admitting to them is necessary. The US doesn't care about Australia's laws.

 

That said, I don't see the DUis being an issue. Documentation may be the hardest part (and I don't know the specifics of this with Australia, sorry!), but the offenses themselves should not be CIMTs. They were also so long ago that I doubt they will be considered a medical inadmissibility as an alcohol abuser or addict.

They may or may not require a psych eval given the history to determine that, though.

I Agree, Documentation for this is impossible to get, like i said, all i have is an email saying they've deleted everything and a reciept saying 2 were paid. everything else has gone. my criminal background checks are clean, its basically me saying i've had 3 DUI's but I cant prove it.

 

I've had psych evals before, mainly because i'm ex army, they're all clean no issues with PTSD etc. 

 

Whilst there is a history of DUI, im not an alcohol abuser, they were more like very stupid situational type scenario's where i made bad choices.

- The first I have hardly no recollection of all of it was so long ago, all i have is a vauge recollection of a road side breath test, Nil Arrest and leaving the court house/being suspended

- The Second, another road side breath test, nil arrest, told to get in a bloody cab and go home before being given a ticket to go to court - this one happened 2 days after getting back from amry deployment overseas... it was a big big big night..well you can image how big 100 army guys hitting the beer hard to say the least and stupidly got behind the wheel.

- The third, I'd just finished work, and back then the army had mandatory attendance at the boozer before being permitted to leave.. i was in a massive rush, had one drink (can of jim beam) and jumped in the car to go home was pulled up by a road-side test less than a mile down the road and just blew over the limit, again nil arrest, but had to go to court for it - even the copper felt sorry for me the reading was that low, saying if i had of waited another 5 min before driving i'd of been fine.

 

these days I barely drink at all, I just get up go to work (not army) and go home. maybe a beer or two at xmas and anzac but thats it and i never drive after having a drink, i've well and truely learnt the hard way not to do that.

[Duke & Marie 1,389]

43 minutes ago, geowrian said:

Yes, they do.

 

Within countries that recognize that, yes. For US immigration purposes, they never went away. And admitting to them is necessary. The US doesn't care about Australia's laws.

 

That said, I don't see the DUis being an issue. Documentation may be the hardest part (and I don't know the specifics of this with Australia, sorry!), but the offenses themselves should not be CIMTs. They were also so long ago that I doubt they will be considered a medical inadmissibility as an alcohol abuser or addict.

 

Yeah, figured, only 54 countries would recognise the rule I guess.. shame USA ain’t one of them 😂😂

 

i dont think CIMT either, back then some states barely had dui laws.. it was very much a croc Dundee type place with regard to alcohol/driving.. we had massive issues with dui back then and the laws only started to be introduced or formalised the back end of the 90’s with much of it left up to the polices and courts discreation with ref to fines, suspension and even the need to go to court.. damn I don’t think we even had internet, everything would have been old paper records.. 

 

highly unlikely a criminal record recorded unless they hit another car or a person.. they were pretty much treated as minor offences.. or moderate traffic violation, hence going on vehicle records not criminal.. it’s well before the whole interlock thing

 

Edited

i just checked.. it says two or more offences in the last ten years.. so not sure medical evaluation even applies here

Edited February 7, 2020 by Duke & Marie

[geowrian 22,337]

11 minutes ago, Duke & Marie said:

i just checked.. it says two or more offences in the last ten years.. so not sure medical evaluation even applies here

I believe that's for an NIV. For an IV (or K-1), it's entirely discretion by the panel physician. Somebody with 0 DUIs can be referred if they think the individual may be an abuser or addict.

[Trident123 0]

57 minutes ago, geowrian said:

Yes, they do.

 

Within countries that recognize that, yes. For US immigration purposes, they never went away. And admitting to them is necessary. The US doesn't care about Australia's laws.

 

 

Is it permissible for me to plead dumb at this point? Due to the expungment?

 

I'm NOT saying NOT DISCLOSE it. I mean like tick no to court on the assumption that I wasnt aware of need to tick yes given our expungment laws? Avoiding an RFE from NVC that i just know i am going to get due to lack of documentation available? this would give me more time to try find more informion if available or convince the courst to give me a letter in writing before disclosing it at the medical and interview.

 

Once I get to Medical, I can then explain about the expunged DUI violations, let him record that in the medical and make his determination and then take all that information, the email from courts, letter from court (if given) and 2 payments reciepts to Interview, and proof that my licence is not supspended?

 

I'd then be able to explain the whole situation at the interview, fully disclosing everything including a clean background check? 

 

I'm still disclosing everything, just in face to face environments with people that better understand the Australian laws? I'm pretty sure old DUI issues that have been deleted by Aus Gov arent new to the US Consulate Officer, theyd have a better understanding than some guy sitting behind a desk in america trying to tick a box before sending me to interview where i would need to explain it all again anyway. 

[Duke & Marie 1,389]

4 minutes ago, Trident123 said:

Is it permissible for me to plead dumb at this point? Due to the expungment?

 

I'm NOT saying NOT DISCLOSE it. I mean like tick no to court on the assumption that I wasnt aware of need to tick yes given our expungment laws? Avoiding an RFE from NVC that i just know i am going to get due to lack of documentation available? this would give me more time to try find more informion if available or convince the courst to give me a letter in writing before disclosing it at the medical and interview 

I wouldn’t recommend providing misleading information.. even if you have full intent of disclosing at a later stage.

 

have you considered getting a lawyer to draft you a letter or statement outlining what you’ve mentioned here and uploading that as an alternative? He might be able to nudge the lazy court register in to writing up a letter for you about doc disposal too.

[geowrian 22,337]

16 minutes ago, Trident123 said:

Is it permissible for me to plead dumb at this point? Due to the expungment?

 

I'm NOT saying NOT DISCLOSE it. I mean like tick no to court on the assumption that I wasnt aware of need to tick yes given our expungment laws? Avoiding an RFE from NVC that i just know i am going to get due to lack of documentation available? this would give me more time to try find more informion if available or convince the courst to give me a letter in writing before disclosing it at the medical and interview.

Nobody on this website is going to advise you to make a misrepresentation on a visa application. That would be a violation of the TOS.

 

16 minutes ago, Trident123 said:

Once I get to Medical, I can then explain about the expunged DUI violations, let him record that in the medical and make his determination and then take all that information, the email from courts, letter from court (if given) and 2 payments reciepts to Interview, and proof that my licence is not supspended?

 

I'd then be able to explain the whole situation at the interview, fully disclosing everything including a clean background check? 

 

I'm still disclosing everything, just in face to face environments with people that better understand the Australian laws? I'm pretty sure old DUI issues that have been deleted by Aus Gov arent new to the US Consulate Officer, theyd have a better understanding than some guy sitting behind a desk in america trying to tick a box before sending me to interview where i would need to explain it all again anyway. 

I understand the desire to want to explain it in person. However, a material misrepresentation is an extremely serious immigration issue (permanent bar on any visa) so the best thing is to not even flirt with it. It's trading the hassle of possibly getting some documents now (that  would be required later anyway) with the hassle, time, and money of possibly having to deal with a waiver and hoping for approval (if they deemed it material).

[Trident123 0]

OK Thank You Both,

 

I think I'll go see a lawyer to help with a statement and will hastle the court registra again for a certified letter

[geowrian 22,337]

Best wishes!

 

Like I said (and I think Duke & Marie agree), you'll likely ultimately be fine. It's just a documentation hassle.

[carmel34 3,605]

14 hours ago, Trident123 said:

like i said, all i have is an email saying they've deleted everything and a reciept saying 2 were paid.

Check the "yes" box on the DS-260, and submit the above evidence since that's all the documentation you can find, and include a letter of explanation from you with details about the DUIs.