Dear Sir/Madam,
Approximately 6 years ago, my Japanese wife utilised the family court system in Victoria to enable her to abduct our three children to Japan without my knowledge or intervention. She made claims that I threatened her, and the police intervened. Within a matter of days, she had left Australia for Japan with our three kids.
I was too devastated with the loss of my children, the end of our 17 plus year relationship, the emptying of out bank accounts, and the emptying of our rental property of all chattels. My life had just ended, and I really didn't care what was being done to my by an over-enthusiastic policewoman. This policewoman subsequently (a month or so after the fact) arrested me, and charged me with making death threats.
I ended up having to appear in the Magistrates Court in Melbourne, Vic. The Magistrate, after looking at and weighing up all before him, told me that I was "free to go, without conviction".
Apparently, this finding still allows the Victorian Police to put the charges brought against me on any National Police Check. Without conviction, doesn't mean you have a clean record in Victoria.
My question is this.
If the Magistrate says that I was "free to go, without conviction" why are the Victorian Police allowed to tarnish my name forever? I do not have a conviction, I have never ever been in trouble with the law in my entire life till then.
I know I did nothing to defend myself at the time, due to being totally devastated and emotionally shattered by what my ex wife did to me, but is that a reason to have this blemish permanently on my record?
I served no time, never ever been to jail. I have no recorded conviction either. This does all seem a little unfair from where I am standing.
Can anything be done to stop this from being a smear against my name? Can I have the police record of this quashed, expunged? Or will it stay there forever?
With many thanks
Approximately 6 years ago, my Japanese wife utilised the family court system in Victoria to enable her to abduct our three children to Japan without my knowledge or intervention. She made claims that I threatened her, and the police intervened. Within a matter of days, she had left Australia for Japan with our three kids.
I was too devastated with the loss of my children, the end of our 17 plus year relationship, the emptying of out bank accounts, and the emptying of our rental property of all chattels. My life had just ended, and I really didn't care what was being done to my by an over-enthusiastic policewoman. This policewoman subsequently (a month or so after the fact) arrested me, and charged me with making death threats.
I ended up having to appear in the Magistrates Court in Melbourne, Vic. The Magistrate, after looking at and weighing up all before him, told me that I was "free to go, without conviction".
Apparently, this finding still allows the Victorian Police to put the charges brought against me on any National Police Check. Without conviction, doesn't mean you have a clean record in Victoria.
My question is this.
If the Magistrate says that I was "free to go, without conviction" why are the Victorian Police allowed to tarnish my name forever? I do not have a conviction, I have never ever been in trouble with the law in my entire life till then.
I know I did nothing to defend myself at the time, due to being totally devastated and emotionally shattered by what my ex wife did to me, but is that a reason to have this blemish permanently on my record?
I served no time, never ever been to jail. I have no recorded conviction either. This does all seem a little unfair from where I am standing.
Can anything be done to stop this from being a smear against my name? Can I have the police record of this quashed, expunged? Or will it stay there forever?
With many thanks