Legal Question in DUI Law in California

I am a US-citizen and would like to apply for Australian Working Holiday visa; however, I got a DUI (misdemeanor) 4 years ago(during my college days). I haven't had any convictions since, and have actually been working for a very reputable international development, non-profit organization. Would I be denied? Should I bother applying? Thanks!


Asked on 3/03/12, 12:51 pm

6 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Ask an Aussie immigration lawyer.

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Answered on 3/03/12, 12:53 pm
Brian McGinity McGinity Law Office

I'm not sure if you're asking about the Australian immigration department denying you or if you're asking about the United States allowing you to leave the country. I have no idea as to what the Australian rules and polices are but as far as the United States goes, as long as you took care of everything, you will not have any problems. In fact if it was just a straight DUI, 23152(A) and 23152(B), you are probably already off informal probation if it has been 4 years. The only way you will find out if the Australian government will accept you is to apply. So apply what is it going to hurt? You could always call the Australian embassy in Washington D.C. and ask.

Good luck

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Answered on 3/03/12, 1:08 pm
David M. Wallin Law Offices OF David M. Wallin

I simply say YES.....APPLY. My mom taught me some time ago , " If you don't try, you're sure to fail.". I don't think a DUI , that you're off probabtion for, should interfere in any way. Aye Mate :):). David Wallin

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Answered on 3/03/12, 1:30 pm
Terry A. Nelson Nelson & Lawless

Apply, or call their consulate and ask.

Either way, consider expungement of the conviction. Some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn�t �disappear�. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 3/03/12, 2:30 pm


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