QLD No Conviction Recorded - Will This Affect Travel to the USA?

[Jonny Law]

I've plead and been found guilty for possession of cannabis 3 times, supply of cannnabis twice and possession of methamphetamine once, possession of drug utensils (bongs, scales) twice and possession of tainted property once. Also assault/obstruct police and one failure to appear in court.

Currently finishing 40 hours of community service that I have 12months to finish and paying off $800 in fines. Despite my extensive criminal history, not once have I had a conviction recorded.

When I finish my community service, would I be able to visit America? Would they know or ask about criminal history whether or not a conviction has ever been recorded? When I say no conviction recorded, I don't mean a section 10, just guilty with no conviction recorded.

The assault /obstruction of police was really just obstruction (threw phone onto train tracks) so no violent offences.

While I'm here, might as well ask, what are the odds of having no conviction recorded if I ever appear in court again? I know if it's drug related, my chances are zilch, but if I were to go to court for anything else.

 

[Lance]

Hi Jonny,

That's quite a rap sheet. With regard to the last question I think you have been very lucky. I would expect to get a conviction for any future crimes committed and if you don't, then think yourself lucky. Even better don't do it. With regard to the US entry I have applied for a US Visa a few times and recall a question along the lines of "have you ever been arrested for a crime involving moral turpitude" Moral turpitude is described as an act of behaviour that violates the sentiment or accepted standard of the community.

So I guess that means if you have been in possession of, used or supplied drugs that would generally be considered to violate the accepted standard of community. The view being that the community don't generally like drug dealers regardless of it being cannabis. And remember that's not been convicted that's have you ever committed.

So I guess you could apply for a visa and see if those questions are still asked, then decide what you want to do.

 

[Iamthelaw]

So you've been charged and found guilty of:

Possession of cannabis 3 times;
Supply of cannabis 2 times;
Possession of ice 1 time;
Possession of drug utensils 2 times;
Possession of tainted property 1 time;
Assault/Obstruct police; and
Failure to appear in court

And you say that you've never had a conviction recorded? Either you're mistaken or you're the luckiest person to ever plead guilty to multiple charges. Somehow I don't think it's the latter. The court when exercising it's discretion as to non conviction takes into account the nature of the offence, the character and past history of the offender and the impact of recording a conviction on the offender. My point is: If I were you, I would probably be double checking your belief of no conviction.

While I'm here, might as well ask, what are the odds of having no conviction recorded if I ever appear in court again?

As per above, I'd be very surprised if you hadn't already been convicted - I have never seen another record like yours that has resulted in no conviction being recorded - Makes zero sense to me. Suffice to say that, if you were to appear again I couldn't imagine a Magistrate/judge not recording a conviction.

 

[Jonny Law]

Yes, well that's everything over the last 3 years since I turned 18, thankfully they can't bring up crimes before then anymore. I know I've been rather lucky the last two times I appeared in court both my lawyer and the judge advised me that the next time I appear I'll most likely be getting a conviction.

I don't plan to reoffend or anything but I am a little worried about what they found at my home 11 months ago. That's why I want to know about the statute of limitations for possession of utensils and possession of a schedule 2 substance (cannabis) the search warrant was fudged so I'm hoping whether or not there is a statute of limitations for these crimes that they don't bother charging me with them as I believe they thought they would find a lot more than they did and perhaps then fudging the search warrant wouldn't have mattered so much.

I don't think any of this fits under moral turpitude I just googled it and it's defined as having an inherent quality of baseness, vileness, or depravity like r**e and murder. My moral compass always points true north, I've just had a bit of a problem with drugs (obviously)