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nordkapptokyolove

Australia spent conviction

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I have no criminal record in Australia. But I want to know more about the spent conviction of Australia.

If an Australian citizen has a criminal record in Australia, but the record was 'spent'.

If he applies for the National Police Check (Code No. 35 Overseas Visa - Supply to a Country Other than Australia), see below link:
 


I see the Police Certificate will show
'All Commonwealth offences. Other State/Territory offences as legislation permits'.

If he has no criminal records for Commonwealth offences, but he has criminal records in every state and territory, but the records were 'spent' under all the state/territory laws, will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

Let's say he has criminal records in Queensland, Victoria, South Australia, etc. All the records were 'spent'. Will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

I am afraid that the Australia government may want to lie about a citizen's criminal records if they are 'spent'.

Am I correct?

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7 hours ago, nordkapptokyolove said:

I have no criminal record in Australia. But I want to know more about the spent conviction of Australia.

If an Australian citizen has a criminal record in Australia, but the record was 'spent'.

If he applies for the National Police Check (Code No. 35 Overseas Visa - Supply to a Country Other than Australia), see below link:
 


I see the Police Certificate will show
'All Commonwealth offences. Other State/Territory offences as legislation permits'.

If he has no criminal records for Commonwealth offences, but he has criminal records in every state and territory, but the records were 'spent' under all the state/territory laws, will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

Let's say he has criminal records in Queensland, Victoria, South Australia, etc. All the records were 'spent'. Will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

I am afraid that the Australia government may want to lie about a citizen's criminal records if they are 'spent'.

Am I correct?

The government will not lie about convictions! What makes you think that? 

The bottom line is that even if an offence is "spent" in a particular country, then it should still be declared, as no offence is ever "spent" for immigration purposes. 

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For immigration purposes there is no such thing as a spent conviction. All convictions will show. 

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On 12/01/2022 at 23:16, nordkapptokyolove said:

I have no criminal record in Australia. But I want to know more about the spent conviction of Australia.

If an Australian citizen has a criminal record in Australia, but the record was 'spent'.

If he applies for the National Police Check (Code No. 35 Overseas Visa - Supply to a Country Other than Australia), see below link:
https://afpnationalpolicechecks.converga.com.au/images/afp/npc_offline_form.pdf

I see the Police Certificate will show
'All Commonwealth offences. Other State/Territory offences as legislation permits'.

If he has no criminal records for Commonwealth offences, but he has criminal records in every state and territory, but the records were 'spent' under all the state/territory laws, will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

Let's say he has criminal records in Queensland, Victoria, South Australia, etc. All the records were 'spent'. Will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

I am afraid that the Australia government may want to lie about a citizen's criminal records if they are 'spent'.
Am I correct?

Simple way to find out is to apply for one.

About 25 years ago i had a UK friend who applied for US citizenship and declared a spent conviction from years previously and was then asked to provide further details.  It turned out he was the only one who remembered it...the UK had no record and it held him up for a year getting out of the mess he'd created through his honesty.   If there's no record, there's no record.  Go figure.

 

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On 13/01/2022 at 04:06, Nemesis said:

The government will not lie about convictions! What makes you think that? 

The bottom line is that even if an offence is "spent" in a particular country, then it should still be declared, as no offence is ever "spent" for immigration purposes. 

No, I don't think the Australian government is honest. I think the Australian government wants to tell a lie that all of his citizens have no criminal records if the criminal records were 'spent' under the State/Territory legislations because he wants all of the his citizens to travel to anywhere (esp. USA, Canada, UK, New Zealand) without troubles.

How can overseas countries (esp. USA, Canada, UK, New Zealand) tolerate the Australian government tell a lie that the Australians have no criminal records?

For example, if the Australians threaten to kill, attack and rape the very senior government officials, sexual assault with an underage girl (e.g. 12 years old), use a very dangerous weapon to attack a person or a police officer, and the sentence was not an imprisonment, they can be protected by the spent conviction laws in Australia.

If the Australians have very serious criminal records (see the above examples), but the police certificates still do not show the criminal records ("spent"), how can overseas countries (esp. USA, Canada, UK, New Zealand) tolerate about that?

Can anyone clarify my questions? I hope the retired immigration officers can answer my questions.

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Some convictions can never become spent.  e.g. A conviction for sexual offence.  A conviction for a sentence of imprisonment of longer than 6 months has been imposed.  What you have written in your 3rd paragraph above is nonsense.  Anybody committing the acts you mention would be jailed.

You should read this.

https://www.afp.gov.au/what-we-do/services/criminal-records/spent-convictions-scheme#:~:text=A "spent conviction" is a,all of the following conditions%3A&text=The individual was not sentenced,more than 30 months%3B and

Edited by Toots
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1 hour ago, Toots said:

Some convictions can never become spent.  e.g. A conviction for sexual offence.  A conviction for a sentence of imprisonment of longer than 6 months has been imposed.  What you have written in your 3rd paragraph above is nonsense.  Anybody committing the acts you mention would be jailed.

You should read this.

https://www.afp.gov.au/what-we-do/services/criminal-records/spent-convictions-scheme#:~:text=A "spent conviction" is a,all of the following conditions%3A&text=The individual was not sentenced,more than 30 months%3B and

But not all the crimes I mentioned would be imprisoned. Some defendants may be imposed of community service order and probation order.

Also, I have made some examples in my above post. Some citizens only send emails or letters to threaten to kill, attack and rape very senior government officials and citizens. They will not be charged of sexual offences even if the emails and letters include a word ‘rape’.

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4 hours ago, nordkapptokyolove said:

 

Can anyone clarify my questions? I hope the retired immigration officers can answer my questions.

I think you would be better discussing it with the police and the courts, immigration officers do not make the laws regarding "spent" convictions

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13 hours ago, Nemesis said:

I think you would be better discussing it with the police and the courts, immigration officers do not make the laws regarding "spent" convictions

Sorry I have made a mistake. I hope the retired police officers and court staff can answer my questions about spent conviction.

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