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DV 2018 OC Selectees

Going on trend for this year I’d wager between 1275 and 1350. If I had to pick a single number, an even 1300.
 
Hi

Just got back my AFP police clearance and to my surprise it has 4 traffic offences listed from western australia in 2004, 2006 and 2009. All fines are between $200 and $400. Can this be grounds for ineligibility? Do I and can I have these removed?
 
wax said:
Hi

Just got back my AFP police clearance and to my surprise it has 4 traffic offences listed from western australia in 2004, 2006 and 2009. All fines are between $200 and $400. Can this be grounds for ineligibility? Do I and can I have these removed?
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I don’t know about eligibility (but i’d think not an issue, assuming you didn’t hurt anyone during the offenses) but wanted to highlight for US immigration purposes you cannot have them removed. All offenses even if spent, expunged etc have to be listed.
 
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SusieQQQ said:
I don’t know about eligibility (but i’d think not an issue, assuming you didn’t hurt anyone during the offenses) but wanted to highlight for US immigration purposes you cannot have them removed. All offenses even if spent, expunged etc have to be listed.
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Wow I thought they only go back like 10 years or so, how interesting
 
Mijoro said:
Wow I thought they only go back like 10 years or so, how interesting
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Nope. The older it is, the less weight they’ll usually put on it, but also depends on the crime. If you’ve ever been caught selling narcotics, for example, you’ll probably never get an immigrant visa. Shoplifting at 16, not usually much of an issue.
 
wax said:
But if it becomes spent it won’t show up on clearances?
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I found this but presumably an Australian who’s done this can be more specific

The aim of the Spent Conviction Scheme (“the Scheme”) is to prevent discrimination on the basis of certain previous convictions. Spent convictions legislation limits the use and disclosure of older, less serious convictions and findings of guilt. Each Australian police agency will apply the relevant Spent Convictions legislation/ information release policy prior to disclosure of Police History Information. Spent convictions for certain offences will be released where the check is required for specific purposes regardless of how old the convictions are.

Just to remind you what it says on the pages your selection letter links to:

Applicants who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency. Submit to the U.S. Embassy or Consulate at your interview. Court records should include:
  • Complete information regarding the circumstance surrounding the crime of which the applicant was convicted
  • The disposition of the case, including sentence or other penalty or fine imposed.
 
The US wants to know both spent and unspent convictions. Which is why, when you do the AFP clearance, you pick Code 33 during the process to include all offenses, spent or otherwise. That Australia considers the conviction spent, is irrelevant to US immigration.

As @SusieQQQ said, the older the conviction, the less likely they'll care - unless it's a crime of moral turpitude. Which speeding isn't. Unless there was an extenuating circumstance involving, for example, an arrest, drink driving, injury or death caused to another. That is, if the speeding was bundled up with a whole lot of other nasty charges.

I wonder if this is a WA thing because I (I'm a Victorian) had one speeding fine back in 1994 which didn't show on the police check at all. I know some other Victorians had speeding fines more recently which also didn't show.

TLDR: I don't think it matters. If you search the forum, there was another Aussie who got asked about her speeding fines and she had a great answer that it was just an infringement and she paid the fine. That seemed to satisfy the CO.
 
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