sharonhartley

Hiya Guys,

I have been reading the threads on this subject, but feel our case might not be quite the same and would like any advice.

Sent Hubby's police check knowing he had spent convictions (7 in total) all petty things that a stupid young lad normally does, I rang data protection to see why these are still on record as the last conviction was 13 years ago (hubby now 40) they said because his first conviction which was in 1979 aged 14 was a conviction for Actual Bodily Harm (had a fight with a boy at school and had to pay £10 compensation) all convictions to do with violence will stay on record for life and because of this all his spent convictions have to stay on record. I just think this stinks as it was such a long time ago. He has never been to prison only got fines. Will this jeopardise our application, our agent doesn'tseem to think so but who knows what they are thinking.

Any feedback would be greatly appreciated.

Thanks

Sharon & Phil

Wendy

He shouldn't have a problem, but I think you may need to just pop a letter and a character reference in with the application, just to say how sorry he is and that he is a reformed character etc.

Polyanna knows a lot about these things and has given some advice lately. You may be as well just having a bit of a forum search to see what she has said to others.

Here is the link for you to check it out

sharonhartley

Thanks again Wendy, we have already got some great references for Phil and Yes we will put a letter in as well. I have looked at the forum and it was great but most of them seem to have no record but spent convictions, but we cannot class Phils as spent because of the ABH.

Sharon

Pollyana

I can't speak for DIMA, but I think that getting character references would be an excellent idea - teachers, police officers, anyone in authority that can vouch for him. Also he shoud do a statement himself outlining any mitigating circumstances - offences as a teenager when he was unsettled by parents divorce - that sort of thing.

The reason they are still on record is because there are several offences. One solitary offence would have been weeded, but once you have several convictions they are likely to remain on file for ever.

sharonhartley

Thanks Pollyana.

If we were to get one from the police, would they just confirm that Phil is of good character and that he hasnt been in trouble, things like that.

Sharon

sassenach

i dont know wether this will put your mind at rest but it may help ,i to was in trouble and spent my 18 birthday in the slammer at the pleasure of her majesty i was away for six months ,this also was for a violence related issue ,i was charged with affray and a multitude of other offences ,i was also convicted for washing tax discs and reissuing and was charged with fraud .from the date of conviction to the time of applying a term of ten years or more had gone by and i came under the rehabilitation of offeders act which meant i dint have to declare these stupid acts to any one ,but it worried me so much i went down to the local police station to help clear my mind and the officer there advised me to tell the australian consulate even though i came under the act as he believed the australian government had access to british criminal records ,this i did with an extremly apologetic letter explaining my stupidity and that now i was a an up standing citizen with 2 small children all this happened 15 years ago things may well have changed ,i would suggest to you you speak to your agent and see if he is aware of the rehabilitation of offenders act and see what he recommends but to be honest i cant see it being a problem .I hope you get it sorted as i know how you feel you dont want this thing over your head for ever and we all change all i can say is good luck

Flutterby

Hi Sharon

Although the record of the ABH is kept, it doesn't mean that the conviction is unspent. As Pollyana says Police forces weed criminal records getting rid of offences which are classed as low risk but some things can't be deleted such as the ABH.

Due to the length of time involved and the fact he was a minor at the time it should be considered spent.

Good luck.

Flutterby

sharonhartley

Hiya,

Thanks very much for the reply, you have definately put my mind at rest. I know we are not the only ones in the same situation, but its nice to get feedback and information for anyone.

Thank you

Sharon & Phil

sharonhartley

Thanks I totally agree with you.

Sharon

sunshine23

Hi Sharon,

Just a quick one. My husband was a naughty boy about 10 years ago (recieved a small fine for something stupid). We declared it with the DIMIA and they have just asked my husband to do a Stat Dec stating any mitigating circumstances and what he has done to reform. Agent says it should not be a problem.

I would not worry about it the DIMIA just want to cover themselves.

Good luck
Sunshine23

sharonhartley

Hiya Sunshine,

Thank you the response to my post has been great I really appreciate it. Only found this website a few days ago and im addicted already.

Sharon

sharonhartley

P.S Where abouts you from in Bradford and where are you with your application>

We are from Eccleshill in Bradford.

Sharon

kevinbloomfield

You'll be fine, mine was far worse!!
I got 6 letters from local people (fireman, nurse etc) saying what a good bloke I am. I now have the visa

Don't worry ;-))

sharonhartley

Thanks you are really making me feel a lot better about this issue.

Sharon

sunshine23

Hi Sharon,

Is everyone from Bradford moving to Australia. We live at Bankfoot. Application went in 22 Feb (Former Resident) Case officer wants a little more information and medicals and police checks. All moving very quickly.

Were abouts do you want to go. We want to go to the Gold coast

Sunshine