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Discussion Starter · #1 ·
hi all,
i am planning to lodge an application for 820/201 for spouse visa by marriage.
currently i am doing form 80 and kindly need help with one of the question.
on question 36, point 2 ; been convicted of an offence in any country (including any conviction which is now removed from official records)?

i got convicted with possesion of cannabis (less than 1 gram) in year 2004 (college life). i went to court, pleaded guilty, and the judge sentenced me to do somekind of Drug Diversion Program / rehabilitaion program and he also told me that i will not be put on any criminal record. I went to the program for 1 day and that was it. I have been to Australia for several times after that and had no issue with obtaining visitor visa.

Do i need to tick YES on question 36 point 2?

Cheers
 

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hi all,
i am planning to lodge an application for 820/201 for spouse visa by marriage.
currently i am doing form 80 and kindly need help with one of the question.
on question 36, point 2 ; been convicted of an offence in any country (including any conviction which is now removed from official records)?

i got convicted with possesion of cannabis (less than 1 gram) in year 2004 (college life). i went to court, pleaded guilty, and the judge sentenced me to do somekind of Drug Diversion Program / rehabilitaion program and he also told me that i will not be put on any criminal record. I went to the program for 1 day and that was it. I have been to Australia for several times after that and had no issue with obtaining visitor visa.

Do i need to tick YES on question 36 point 2?

Cheers
It was my understanding that you need to declare everything. If you went to court and plead guilty you have a conviction but it just wasn't recorded? Therefore I'd assume yes, that would count. Someone will know better than I do and I'm sure they'll weigh in to clarify. IMO if that's the only thing that you need to declare, it was 14 years ago and not domestic violence related so I don't think they'd worry about it but they might worry about it if they uncover it through other means and think that you were providing false info. My fiancé had a couple of misdemeanours for traffic related offences (unpaid tickets) and we recorded those even though they don't appear on any of his police certificates etc. We weren't exactly sure if we had to but decided it's better to be safe than sorry.
 

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Discussion Starter · #3 ·
Thanks ASH22

Yes, the judge told me that i will not have criminal records, considered it was my first offence, i will be graduated in a month and the cannabis was in very small quantity. He asked me to choose either pay a fine (few hundreds dollar) or do that drug diversion program, somekind of rehabilitation program for a day. I choose the latter.
 
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