Q: Do i have to declare my two contempt of court charges if it was remanded and expunged on a Student Visa for Australia?
My two Contempt of Court charges was because I forgot to pay my traffic tickets and show up to court. But i got all of them expunged
A:
I do not have enough information to definitively say whether you need to declare your contempt of court charges when applying for an Australian student visa. However, here are some factors to consider:
- In general, expunged convictions may still need to be declared on visa applications, even if they no longer show up on your criminal record. This is because immigration officials have access to different databases.
- Australian visa applications specifically ask if you have ever been charged with or convicted of an offense. So even though your charges were later expunged, you were still initially charged.
- Contempt of court is considered a serious offense in Australia. Failing to declare any past charges, even if expunged, can lead to visa cancellation or denial.
- That said, if the charges were minor and expunged, and you declare them upfront, it may not automatically disqualify you. The officials will look at the totality of your circumstances.
My advice would be to consult an Australian immigration lawyer to get definitive guidance. Be prepared to provide documents like your expungement order. Honesty is the best policy with visa applications. Declaring expunged charges does not automatically mean denial, but lying about them almost certainly would.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
