New Orleans, LA asked in Criminal Law, Immigration Law and International Law for Louisiana

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

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

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.

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