NSW DUI... Can I get it spent

Discussion in 'Criminal Law Forum' started by abcon, 18 January 2019.

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  1. abcon

    abcon Member

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    Hi. I have a DUI from NSW with a reading of 0.086 from 2015. It is currently obstructing me from getting a working holiday visa to Canada. Can I apply to have the conviction spent, if so how do I go about this? It was a first and only offence. I was convicted, fined $300 and my licence suspended for 3months.
     
  2. Tim W

    Tim W Lawyer
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    In NSW, for PCA offences, there's basically no way to get a conviction spent ahead of time.
     
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  3. abcon

    abcon Member

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    Thanks Tim. Does basically no way mean there is a small chance of someway?
     
  4. Tim W

    Tim W Lawyer
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    No, it doesn't.
     
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  5. Scruff

    Scruff Well-Known Member

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    You would probably do better by having the relevant authority in Canada review their decision at that end.

    Refusing a working holiday visa based on a single DUI offence from 3 years ago seems a bit extreme to me. A review might see that decision overturned.
     
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  6. abcon

    abcon Member

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    Its stupid extreme but I have looked into it extensively... Canada is super super strict on DUIs and consider them a serious criminal offence in regards to immigration. Getting it over turned In Aus was my next hope.
     
  7. Tim W

    Tim W Lawyer
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    You were found guilty, convicted, and penalised (fined).

    Bottom line here is that with that conviction,
    prima facie you cannot meet the Canadian equivalent of the "Character Test".

    Other than seeking advice from an immigration lawyer in Canada
    about the prospects of successfully running an Administrative Law appeal action in Canada*
    I don't see where you have anywhere to go with this.


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    * That is , making an application, having it refused,
    and then appealing that refusal.
    If there is any discretion available,
    and if you even have standing.
    Either way, the fees and time involved will be significant.
     
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