QLD Australian Citizen with Overseas (USA) Felony Conviction

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

uu22098

Member
10 February 2020
1
0
1
I am an Australian citizen who was sentened to a 90-day term of imprisonment for dangerous driving in the USA approximately 6 years ago. In the USA it was classified as a felony. My questions are:

1. Will this USA felony show up on a National Police Check in Australia?
2. I am getting married and my husband and I are creating a new surname which takes parts of our current surnames. Will I have to declare my felony on the change of name form from Births, Deaths, and Marriages?

Any advice appreciated as this doesn't seem to have been addressed in the forum before.
 
D

Deleted member 12925

Guest
I am an Australian citizen who was sentened to a 90-day term of imprisonment for dangerous driving in the USA approximately 6 years ago. In the USA it was classified as a felony. My questions are:

1. Will this USA felony show up on a National Police Check in Australia?
2. I am getting married and my husband and I are creating a new surname which takes parts of our current surnames. Will I have to declare my felony on the change of name form from Births, Deaths, and Marriages?

Any advice appreciated as this doesn't seem to have been addressed in the forum before.
 
D

Deleted member 12925

Guest
1. Only criminal convictions in Australia will show up on a National Police Check in Australia. Overseas criminal clearance certificates are required for certain applications made in Australia if you have lived overseas.

2. If you have been convicted of an offence for which the penalty can be up to 12 months imprisonment or more you will be required to declare it on your application to change your name. In the US a felony generally carries a minimum term of 12 months imprisonment. Even though you were sentenced to a 90-day term of imprisonment you will need to declare the felony.