NSW Possession of Drugs with No Conviction - Effects on Employment?

[Lea2017]

Hi,

I was caught with possession of drugs a few years ago. I got no conviction, good behaviour for 12 months, no fine and just had to pay a court fee. I am now trying to enrol in prac for my masters degree and I had some setbacks with my blue card with the incident but it was approved and they also required a police check which is now being held up.

Is this going to show on my report and affect my employment. I am in the process of getting married in Mexico next year and I have to go through USA and was hoping to stay in USA for 2 weeks. On the ESTA application it asks if I have violated any law regarding drugs. Does this mean I have to say yes and not be accepted into the country.

Any assistance would be greatly appreciate.

 

[Tim W]

Check the wording on your court papers.
For example, it might say something in the ball park of "Guilty with no conviction recorded",
in which case, the answer to the ESTA application is "yes".

If, however, there was no finding of guilt (such as if you were acquitted, or the if charges were withdrawn)
then answer "no".

 

[faustus]

If, however, there was no finding of guilt (such as if you were acquitted, or the if charges were withdrawn)
then answer "no".

How confident are you about this? I only ask because a friend was all set to travel to the US for a drug policy conference but was denied travel visa because of a section 10 caution from getting caught smoking a doob by undercover cops.

From memory he answered yes to ESTA violation of the drug laws question, and was subsequently denied when attending US consulate.

So you're saying he could and should have answered no... His loss was my gain - - I got to go instead

 

[Tim W]

How confident are you about this? I only ask because a friend was all set to travel to the US for a drug policy conference but was denied travel visa because of a section 10 caution from getting caught smoking a doob by undercover cops.

From memory he answered yes to ESTA violation of the drug laws question, and was subsequently denied when attending US consulate.

So you're saying he could and should have answered no... His loss was my gain - - I got to go instead

Don't confuse being found (or pleading) guilty with being convicted.
They are different steps in the process.
In the event of guilt, the court has a discretion to either convict a person ("record a conviction"), or not.
Read about it here.

A section 10 involves a finding (or plea) of guilt, even if not a conviction.
So, if your friend got a section 10, then they were guilty indeed guilty
(in American-speak, "violated the law").
In which case, if your friend answered "yes" to question C on the ESTA application,
then (s)he answered truthfully.
If (s)he had answered "no", then (s)he would have been lying.

 

[Ravi Saini]

Is an ESTA the same as a visa? - Esta USA Visa Us Visa Application Form, Usa Esta, US Visa Application Online, US Visa
The US ESTA is NOT a visa. It is an authorization to travel to the United States for business or pleasure for up to 90 days. Only nationals of 38 countries are eligible for visa free travel in the United States without needing a visa.

What you can do with a ESTA authorization

• Visit the United States for up to 90 day
• Travel for tourism purposes
• Do business but not work
• No visa needed

Difference between ESTA and visa - Apply Visitor America US Esta Visa Application Form Online Website & Check Status
ESTA authorization

Visa

Applicable business and tourism

Various kinds for work, study and other reasons

Can stay in the US for up to 90 days

Extended stay depending on the kind of visa

Simple process and processing within 24 hours

Takes time depending on the kind of visa

Application for ESTA is done online and approval is quick. Esta USA Visa Us Visa Application Form, Usa Esta, US Visa Application Online, US Visa