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lying by ommision

lying by ommision

Old Sep 15th 2003, 10:56 am
  #1  
yellow_flower
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hi people and thanks for your help on my previous thread titled -

a mistake of youth

i was wondering if i did not put details of my misdeed on the aplication form would they check?

it does not show up on my police check as they only go back 10 years and this happened 13 years ago.

i know that they used to do appointments at australia house and issue visa's there and then so they couldnt possibly be checking everything you tell them, i know this is a bit of a dodgy post but please dont judge me on my "old" self as i was just a kid then now i am 31 and respectable apart from this sceleton in my closet.

cheers.

j
 
Old Sep 15th 2003, 11:03 am
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Just curious - but what makes you think the police check only goes back 10 years? All convictions have been back-record converted onto the PNC (police national computer) regardless of how old they are. If yours does not show on the police check form it may be that it has been weeded for some reason (eg age of the offence compared to its severity, or no susbsequent convictions)

I wouldn't presume to tell you whether or not to declare it, but not declaring it may cast doubt on your honesty if it ever comes to light. There is nothing to stop you writing a letter explaining what happened, and any mitigating circumstances.
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Old Sep 15th 2003, 11:50 am
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hi j

why not approach the police and ask them what your postition is with regards to this incident being on your record? Or better still enlist the (expensive I know) services of a migration agent - they would know better than anyone. you should be able to find one to give you a one off consultation for not too much?
agree with pollyanna, better to be safe than sorry!

Sue
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Old Sep 15th 2003, 1:10 pm
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Hi yellow_flower
We were in the same position - my husband was a bit wild and reckless in his youth. (So was I, but never got caught out!!!) We did declare everything to Adelaide, but later received the police checks back clear!!! We haven't heard from them yet, but our thinking was that as long as it's not really bad, then its best to be honest, as if they dig something up, you're in big trouble. I think they'd only be worried about really bad crimes etc. not a bit of shoplifting/dope smoking/ usual things young people get up to. The fact as well, that it was a few years ago, will be in your favour.
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Old Sep 15th 2003, 1:48 pm
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well what i did was smash up a stolen car while under the influence of drugs (obviously uninsured etc).

the court took the view that i needed help rather than punishment and give me community service and that was that.

this happened in 1990 and since then i have never seen the inside of a police station, that was untill i went to get my police clearance checks.
 
Old Sep 15th 2003, 1:58 pm
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My hubby was also a bit of scallywag in his youth, a couple of drink driving convictions and lost his license twice. On one occasion he did a hit and run on a cop car! Whilst I think his behaviour was appalling and was in two minds whether to declare it or not I decided that honesty was the best policy and included it on the application as a copy of his UK driver license was included which showed his convitions anyway. And the fact that he has lived in the USA for over 10 years so the police checks only needed to cover this period (although he had been a bit of a naughty boy here too!) and they came back clear. I do think that if you have kept you nose clean for a good few years and your crime was not murder or something then you should be ok. Remember: Oz was founded on the backs of convicts!

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Old Sep 15th 2003, 2:11 pm
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I declared mine and it appears ok,fingers crossed.
Im sure its only custodials they are bothered about.
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Old Sep 15th 2003, 4:57 pm
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Originally posted by yellow_flower
well what i did was smash up a stolen car while under the influence of drugs (obviously uninsured etc).

the court took the view that i needed help rather than punishment and give me community service and that was that.

this happened in 1990 and since then i have never seen the inside of a police station, that was untill i went to get my police clearance checks.
hi, im also in your boat i was in a stolen car many years ago which crashed and burned causing a lot of damage, i also got community service.
i think that you should really declare it on your forms even if it is not shown on your police check forms or you will be looking over your shoulder for a very long time.
things like this have a habit of coming back and biting you on the bum
 
Old Sep 15th 2003, 8:23 pm
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When we put in for our Visas, we were a little worried that hubby had a police record too from his youth. We weren't sure what to do at the time, so posted on here, and were advised to declare it as they do check, maybe only the odd ones, but that odd one could be yours. We declared, and were asked for police checks, and happily, can say that we are the proud owners of a visa each.
My personal advice would be honest in your application, as it could backfire on you at a later date.
Good luck

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Old Sep 15th 2003, 10:24 pm
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thanks for the help peeps, but im not willing to risk the truth, after all im a convicted car thief and druggy.!!!

would you want me in your country if you were on the board?


didnt think so.

i will take my chances
 
Old Sep 15th 2003, 10:52 pm
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Have you actually got your police check back yet, yellow_flower?

A word of warning to people out there - although some old convictions have been weeded for various reasons, the check does go back further than 10 years. For your own sakes, don't assume that an offence will not be there because it is older. You might get a nasty surprise.
:lecture:


"This is not legal or official police advice, just an observation from my own years of experience"
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Old Sep 16th 2003, 10:25 am
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At the end of the day, the decision is entirely up to you, but you were asking the advice of others that have been through the same process with the same difficulties.
My answer would be that a druggy and car thief wouldn't be an issue if it were in the past and there are no more offenses, but if I found that you had not admitted to it, I would assume that you have a lot more to hide, and would look further into why you hadn't put it down in your application.
Whatever your decision, good luck.

Whisky
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Old Sep 24th 2003, 10:04 pm
  #13  
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Originally posted by Pollyana
Have you actually got your police check back yet, yellow_flower?

A word of warning to people out there - although some old convictions have been weeded for various reasons, the check does go back further than 10 years. For your own sakes, don't assume that an offence will not be there because it is older. You might get a nasty surprise.
:lecture:


"This is not legal or official police advice, just an observation from my own years of experience"
i applied for my police check last week so we are sweating on what it says at the moment weare going to declare it if its on there but if it is not we wont
i trhoughtthey only started keeping centralised records from 1995 but thats just what i was told
 
Old Sep 24th 2003, 10:40 pm
  #14  
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I have an ABH on mine from 15 years ago that did not effect my application as a foster carer for our local authority.I did declare it on my visa application for the same reasons as whisky and others pointed out it is best to be honest and upfront about everything from the start,rather than sweep it under the carpet and hope it isn't found:lecture:
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