UPDATE: I want to give an update on my outcome since everyone here has been extremely helpful and informative. SUBJECT: WHAT HAPPENS IF YOU CHECK 'YES' TO CRIMINAL CONVICTION ON AUSTRALIAN ETA APPLICATION.

I just received an approved 600 Visa from Aussie Immigration about 10 minutes ago and would like to share what I have learned over the past week as I was descending into a full on panic attack before leaving on 1/27 for Auckland. I sent on 1/16 and received approval on 1/22 (US Citizens are considered SAFE and filter through faster than people from other countries)

1. Do NOT check the box yes for criminal conviction for a DUI on an ETA mistakenly like I did unless you have done serious time - in their exact words -

• "You must not have any criminal convictions for which you have been sentenced for a total combined period of 12 months or more, whether or not you served the sentence/s"

2. If you have checked "criminal conviction", DO NOT apply for another ETA. You will be denied as you have been flagged. You must apply for 600 tourist visa which requires more info on any conviction - explanation of event. I did not go into a ton of detail: "Date, DUI, over legal limit in US, no imprisonment, probationary period and fine." Make sure that you explicitly state that you were not sentenced to any prison time or suspended sentence which adds up to 12 months or more (if that's the case) in order to meet character requirements and literally state that you "believe you meet the character requirements outlined by the Aussie Immigration guidelines"

3. Go get your FBI and State background check done immediately if time is of the essence. FBI comes back to you digitally in 24 hours. State gets mailed to you in 3-4 days. Accurate Biometrics is great. You could be asked to provide a police check ore more info depending on the circumstances of your conviction or the duration of your stay. I was not asked and did not submit them yet but was going to if I did not hear back in a day based on me having to have a visa to board a cruise ship on 1/31.

4. DO attach a Cover Letter to your application with an explanation of your circumstances and details of conviction which say you have not been sentenced nor served any time in prison (if applicable- DO NOT LIE) and as many documents of your itinerary, flight details, Driver License, Passport, Pay stub as proof of income/employment. I called the Australian immigration office in Sydney today, 011+ 61+ 131881 and they advised me to state very clearly, the DATE(S) in which I need to have a visa to enter Aus. and to mark it "REQUEST FOR EXPEDITION". They only have the application you fill out and the attachments you give to go on, so provide as much info as possible and be explicit. They did advise me to go ahead and proactively attach any police checks from FBI or state/local to show I have already done anything they may need. If they ask for more info, it just slows the approval down. Fortunately, I was not asked.

5. If needed, arrange a 15 minute consult with Mark Northam at MN Visa in Sydney - MNVisa.com CP Maverick recommended him in an earlier thread. He is from US originally and was very responsive. You pay $60 bucks online for advisement appointment via phone or skype from a solicitor specializing in visas and immigration. You may want to do this BEFORE filling out a 600 application and sending it in to avoid any pitfalls. I had already done it. I was about to have a call with him and my visa came through. They also refunded my money. Very nice.

6. Do not give up! Call the America's center in Ottawa Canada who are the only ones who can actually help you if you have made an error or want to let them know circumstances of your situation and what they recommend as next steps. 613-238-1040

7. Bottom line, a misdemeanor DUI (no bodily injury or harm to someone else) is not considered a "substantial criminal record". You can still declare it on your incoming passenger card given to you on the plane: you will just be questioned about it quickly at customs and sent through. My FBI report did not even have a history of my DUI, which was quite surprising. Others have also stated that is can't hurt to run your record if you are seriously worried about multiple offenses. You are still required to be truthful about it on a 600 application. Multiple offenses don't necessarily mean denial either. If you have been sentenced to jail and served time of a year or more, then that is where you get a closer look that may require longer vetting to get approved. Do not lie about criminal history.

8. This little blunder cost me $300 when it should have been $15 and A LOT of stress. Give yourself plenty of time to get a Visa regardless, and not 3 weeks before a trip just to be safe! Good luck! PHEW!!!!!!

Thanks to everyone at FlyerTalk for the help and advisement.