Criminal Law Vacating a Misdemeanor for Holiday Travel

[n2727749]

Hi,

I am an Australian that is wanting to return to the USA for a couple of weeks holidays early next year. I last visited the USA in early 2001, at Colorado. Whilst I was there I was arrested for Public Disorderly and Trespass. The conviction was a CLass 3 Misdemeanor (I beleive). This was a result of too much alcohol and not enough sense. I was found knocking on the wrong door of a house at an unGodly hour, placed in the Sheriff's vehicle and sent to a Police Station. I paid $300 bond to return to my holiday some 4 hours later. The court proceedings were carried out whilst I was back in Australia. I pleaded guilty to the offense and was finally charged with a Class 3 Misdeamenor and had $150 - $200 taken from my bond. That was the end of the matter.

I am now afraid that this stupid act I carried out some 4-odd years ago may result in me not being able to enter the USA without a Visa. I am looking to visit the country a few times in the years ahead for holiday (a couple of weeks each time). As it stands I would not require a Visa if I had no prior convictions. In Australia I have no record. It is just this one in Colorado. Is it possible to Vacate the charge by some means? If this is possible it would save me from applying for a Visa each time I wished to travel over to the USA and not only that erase this stupid mistake I regret doing. Is this possible??? Or am I blowing this whole thing out of proportion? I feel I am getting paranoid about what can happen to me if things are not sorted out. If there is anyone that might know about this situation I am in and can offer any comment, it would be appreciated.

 

[NYClex]

Looks like you are lucky. As far as I can see a class three mis in Colorado carries a maximum sentence of 6 months. So even in case your crime would be classified as a crime of moral turpitude, and it is not clear that it would be, you still would be under the exception in the law to be admissible if this is your only conviction ever.

But for practical purposes, you should have all your paperwork ready that does show the disposition, the charge, the statute provisions so that you can show it to the officers if they want to see it. You might, to get real peace of mind, also contact your consulate and have them evaluate it.

 

[n2727749]

Clarify

Thanks for the comments. I would just like to add that the documents relating to this incident have been destroyed at my end and as such, I have nothing here in Australia to lead me to the correct person to aid me in being able to strike this from my record. With the aim to clear this from my record (if possible), yet with no documentation, how am I able to get the process underway? As I have little knowledge of the way the system operates, is there a website / department / person which can help me through the process? If anyone is able to give comments, it would be appreciated.

 

[NYClex]

the problem is that an expunction on a state level is not likely to help with immigration. A possible fingerprint check at the border or airport might reveal the arrest anyway, and if you are asked if you have ever been arrested and convicted you have to say the truth. And then it would be important to show the officers that it was for such a minor crime. So in your case it would probably be more helpful to get copies of the paperwork.