Do I Need to Disclose Charges That Did Not Lead to a Conviction?

Do I need to disclose charges that were dropped or dismissed?

Charges that were dropped or dismissed need to be disclosed if a question in the partner visa application or Form 80 asks about charges, arrests or court proceedings, even though no conviction followed. The safe rule is to read each question exactly as worded and answer it fully. Where a question asks only about convictions, a dismissed charge may fall outside it, but it may still appear in a police certificate and should be explained. Our article on Form 80 for a partner visa explains the character questions.

Why does the Department care about charges without a conviction?

The Department cares about charges without a conviction because the character test in section 501 is wider than a criminal record. Section 501(6)(c) lets the Department consider a person's past and present criminal conduct and general conduct. A charge that was withdrawn usually carries little weight, but the facts behind it, especially family violence allegations, can still be examined. Our article on partner visa character requirements explains how the test is applied.

What happens if I do not disclose a charge that the Department finds?

If an applicant does not disclose a charge that the Department later finds, the non-disclosure can become a bigger problem than the charge itself. The Department may treat the answer as false or misleading information under PIC 4020, which can lead to refusal even where the underlying charge was minor. Our article on PIC 4020 for partner visas explains the consequences, and our article on police checks for partner visas shows what police certificates usually record.

What about charges that are still pending?

Charges that are still pending must be disclosed, because the application asks directly about offences awaiting legal action. A pending charge does not automatically lead to refusal, but the Department may wait for the court outcome before deciding the partner visa. Our article on pending charges and partner visas explains how processing usually proceeds while a charge is before the court.

How should I explain a charge that did not lead to a conviction?

A charge that did not lead to a conviction is best explained in a short written statement attached to the application, supported by the court outcome, a withdrawal notice or a letter from the lawyer who acted in the matter. The statement should give the date, the charge, the result and any relevant background, without minimising or arguing the facts. Charges from other countries need the same treatment, as our article on overseas convictions and partner visas explains. Our wider article on the partner visa criminal record issue covers convictions.

How does My Migration Lawyers handle charges in a partner visa application?

My Migration Lawyers handles charges in a partner visa application by obtaining the court records before lodgement, comparing them with every character question the applicant must answer, and drafting a consistent explanation for the application, Form 80 and any later request. The firm also checks that earlier visa applications answered the same questions in the same way, because inconsistency is often what draws attention. Applicants can learn about our partner visa lawyers and request a confidential consultation.