2 Comments Immigration law, student visa, employment visa, partner visa
Hi, I have found some information based on the time frame since your offence: You must disclose all Australian and overseas spent convictions in your application for Australian citizenship. The spent convictions law allows people with minor convictions to disregard those convictions after a certain period of time. A conviction may be considered spent if: it is 10 years since the date of the conviction (5 years for juvenile offenders), and the person was not sentenced to imprisonment for more than 30 months, and the person has not re-offended during the 10—year period (5 years for juveniles), and a statutory or prescribed exclusion does not apply. Spent convictions schemes The aim of spent convictions legislation is to prevent discrimination on the basis of certain previous convictions. Spent convictions legislation limits the use and disclosure of older, less serious convictions and findings of guilt. Spent convictions of specific offences are released where the check is required for certain purposes regardless of how old the convictions are. Each Australian police agency will apply the relevant spent convictions legislation/information release policy prior to disclosure. Insofaras you marking the wrong box previously, it would be better if you seek legal advice from a lawyer in the field of citizenship. They will be able to give you an accurate assessment. You can check with your local police agency and explain the circumstances of the conviction being 10 or more years ago and if there is a way to apply for it to be a spent conviction. Even though you don't have a conviction recorded, the fact that you paid a fine etc still means you were convicted. It just wasn't recorded.
Thank you for the research, Francene. I have done some readings from the Spent conviction scheme as well. From my understanding, it is only applicable to people who have a recorded conviction. I did not have recorded conviction so it would not appear on police checks. I have police checks for work and the charge did not show up. That is why the court lawyer advised me I am legally allowed to say I have no criminal conviction. I only learnt recently that no criminal conviction does not mean not convicted. That is why I am really panic now, as I have mistakenly answer the question wrongly. Am hopping to get some guidance on this matter.