# Get a visa with spent conviction?



## PaulSmith1234 (Sep 26, 2012)

Good Evening,

I have tried to do a search but nothing is bang on for what I am looking for. I have been offered an opportunity to work within the Oil and Gas industry in Houston with sponsorship from a company. The problem is I have a conviction from over 5 years ago which is now spent (only a fine), however I have read several articles stating that you still have to declare. If this company is organising on my behalf will I have to notify them of this? The problem being this doesn't look too good on myself having to do that? Will it affect my visa application?

Any advice would be very much appreciated.

Paul


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## vronchen (Jan 26, 2012)

PaulSmith1234 said:


> The problem is I have a conviction from over 5 years ago which is now spent (only a fine), however I have read several articles stating that you still have to declare.


Yes, you have to declare it on DS-160. It asks if you have ever been convicted of a crime.



PaulSmith1234 said:


> If this company is organising on my behalf will I have to notify them of this? The problem being this doesn't look too good on myself having to do that?


Usually, job applications in the US ask if you have been convicted, but maybe that includes only convictions during the last 5 years.



PaulSmith1234 said:


> Will it affect my visa application?


Depends on the crime. Certain crimes make you inadmissible. But in certain circumstances you can get a waiver of inadmissibility. I would talk to an immigration lawyer.


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## PaulSmith1234 (Sep 26, 2012)

vronchen said:


> Yes, you have to declare it on DS-160. It asks if you have ever been convicted of a crime.
> 
> 
> 
> ...


Thanks for the reply. I was approached directly by the client and as of yet I haven't had to fill out any application forms

I was fighting when I was younger and picked up an object at the time which was classed as an offensive weapon. It wasn't used and I was only fined for possession with intent.

Just don't want to get down the road that I have to tell the company directly about what happened as this may scupper the move...


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## vronchen (Jan 26, 2012)

PaulSmith1234 said:


> I was fighting when I was younger and picked up an object at the time which was classed as an offensive weapon. It wasn't used and I was only fined for possession with intent.


does younger mean you were a minor? that would be in your favor for the visa application.

well, if the company does not ask about convictions, don't tell them. if they ask tell them truthfully because if you lie and they find out, that is a reason for not getting a job.

you might want to check if your conviction makes you inadmissible or if you need a waiver.


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## twostep (Apr 3, 2008)

PaulSmith1234 said:


> Good Evening,
> 
> I have tried to do a search but nothing is bang on for what I am looking for. I have been offered an opportunity to work within the Oil and Gas industry in Houston with sponsorship from a company. The problem is I have a conviction from over 5 years ago which is now spent (only a fine), however I have read several articles stating that you still have to declare. If this company is organising on my behalf will I have to notify them of this? *The problem being this doesn't **look too good on myself having to do that?* Will it affect my visa application?
> 
> ...


It will look a lot worse if this skeleton comes out of the closet unexpectedly. Once you are in the interview and hiring process you will have to fill out or finish an application probably an electronic profile. EEOC questions are part of this and there will be one asking about previous convictions. Your signature will confirm correctness of the application. Falsifying it will be reason for dismissal.

A lot will depend on the nature of the offense. It can exclude you from being eligible for hire or it may be considered non-related. Contact your counter part.


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## PaulSmith1234 (Sep 26, 2012)

vronchen said:


> does younger mean you were a minor? that would be in your favor for the visa application.
> 
> well, if the company does not ask about convictions, don't tell them. if they ask tell them truthfully because if you lie and they find out, that is a reason for not getting a job.
> 
> you might want to check if your conviction makes you inadmissible or if you need a waiver.


Unfortunately I was 18 and a half so just over. 

How would I find this out? Through an Immigration Lawyer?

Thanks for your help, very much appreciated


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## Davis1 (Feb 20, 2009)

get a UK police report ..you may need it 
http://www.acro.police.uk/police_certificates.aspx


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## Uecker_seats (Jan 26, 2012)

Agree with previous posters, tell 'em about it before hand. Since a handgun was involved, I'd say that is serious, something that doesnt diminsh over time.........


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## mrussell39 (Mar 28, 2012)

Having gone through this process you will indeed have to declare. Depending on the crime it will be stepped down after a certain amount of time. This could be 5 years or longer. If you were convicted your record even though stepped will still be on file if its within the last 15 years or so again dependent on crime. 

Getting the police report cost money but will tell you what details are being held. I suggest you get this info ASAP. It may come back with the magic words that states they have nothing on file....

You are obliged to declare this info as part of your visa application only. I was clear with my employer that I had to do the checks due to an arrest 20 years ago even though I was never convicted. 

Needless to say apart from 6 hours @ the embassy because of this. It was only 5 mins of the actual interview. I have my L1 and have been in the US for a few months. 

Hope this helps if need more info private message me. 

Regards


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