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R Johnson

3 December 2018
I moved from NZ to Australia 1986 and have permanent residency status.

I want to apply for citizenship and will need to advise of two criminal offences

1987 - charged and convicted of possession of a cannabis utensil, fined $150

2013 – charged and pleaded guilty to possession of an illegal drug, no conviction was recorded and received 3 month $350 good behaviour bond

I have never offended before, between or after these offences in Australia or any other country. My business of 20 years is located in Queensland, I own two properties and importantly have 30 staff to consider before applying.

No matter what excuses I think should mitigate my offending I’m concerned my record will affect my application success and possibly my PS visa.

Should I be seeking to engage council to process my application? or possibly try to have record expunged prior to applying?

Any advice appreciated

Tim W

LawTap Verified
28 April 2014
I suggest that what you need first is the advice of a solicitor
who is also a Registered Migration Agent.

I say that because the interplay between your criminal history,
the character test, the prospects (or not) of spent convictions,
and your special migration status as a New Zealander,
is a set of facts and circumstances that require formal, case specific legal advice,
and that's not something that a layman (non-lawyer) RMA can do for you.

In simple terms - lots of Kiwi crims get thrown out, but not all,
and not always, and not automatically.

Have a look at this page's LawTap service, and see how you go.
If that's not convenient, then the Queensland Law Society can point you in the right direction.

Oh, also...
Should I be seeking to engage council....
I'm guessing that you meant "counsel", which, outside of American TV, usually means "barrister".
Feel free to just say "a lawyer".