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VIC Criminal Record for Driving Offence - Affect My Permanent Residency?

Discussion in 'Criminal Law Forum' started by oscar, 19 June 2015.

  1. oscar

    oscar Member

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    Hi There,
    I have received a summon to go to court and the matter was, I hit a parked motorbike and drove off. The bike was parked in car park and I was not aware of it and there was an witness.

    Police charged me for 3 section.
    Not to stop in an incident -name and address exchange
    Not to report to police
    Unsafe reverse

    What possible punishment would be there for those charge?
    Will those listed as criminal record against me?
    Should I provide this information to Immigration or checked criminal record Yes?
    If they just fine me should I mention my criminal record to Immigration when I send in my application for my PR?
    Will it affect my Application for Permanent Residency?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Oscar,

    1. Possible punishment could range from a fine or suspension of licence. It may also qualify for diversion.
    2. If you are found guilty, it will be included in your criminal record. See: What would a police check reveal about you?
    3. If you have an offence recorded on your criminal record, you should check yes. In any case, most visa applications will ask you to agree to a criminal background check which will reveal this information against you.
    4. If you are convicted by court, you have a record, which should be disclosed to the immigration department.
    5. It may affect your PR. Driving offences generally do not. However, this is up to the immigration officer. You can contact the Department of Immigration or an immigration agent/lawyer for more information about this.
     
    oscar likes this.
  3. oscar

    oscar Member

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    Thanks Sarah for your reply,

    I have been offered diversion by following condition:
    - Pay $82 compensation to the victim
    - Write a apology letter
    - Complete a Driver Awareness Program
    - To be a good behavior for the period of the plan which is 8/12/2015

    I am applying my PR next week and wondering If I have to tick yes in the character section of the form?
    As I got diversion will it appear in AFP check?
    If I have to tick yes and what information should I put in the comment box?
    Will it affect my application ?

    Thanks for your time to reading this and would appreciate any advise.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Oscar,

    A diversion means the police are suspending the charges pending your successful completion of the diversion program. Once you meet all the conditions in your diversion program, the police will formally withdraw the charges from court. This means, although you accept responsibility for the offence, because the charge never proceeds to the end of a hearing, you are not guilty or convicted of the offence. Therefore, the charges will not show up on your police check (federal or state). This also means, you were never convicted for the offence. Therefore, you do not need to tick "yes" on your PR application for this particular offence. You will need to tick "yes" if you have other convictions (either through pleading guilty, automatic traffic offences or found guilty by court).

    The decision to put you on a diversion program will be recorded in the court and police's history. It will not appear on your record but they will know that you have been given a diversion program. This will be taken into account the next time you are charged with a minor offence suitable for diversion, as diversion is often only offered for the first offence.
     
  5. jilmani

    jilmani Member

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    Hi Sarah,

    What will happen if I'm charged with crime and the court is going to give diversion program - Do I need to inform the Immigration?

    And if I have not informed and if the immigration comes to know there was diversion program given to this guy?

    Will it be a problem?
     

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