# Will i get my visa?



## Meercat (Jan 13, 2014)

Hi guys,

Im planning on working the 14/15 season in Hakuba.
Im a bit worried i won't get my visa though given i have a minor criminal charge.

I went to court for being caught with a plastic baton (considered a prohibited weapon in NSW, Australia) i got a fine but no jail time or community service etc

I tried ringing the Japanese consulate to ask, but they didn't speak much English.. 
anyone know if this will be a problem? :dunno:

thanks in advance!


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## STR8SHOOTR (Jan 3, 2014)

That sounds like a misdemeanor. I wouldn't think that would stop you from getting a vista. I could be wrong with all the craziness in the world that would be a sin.


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## Meercat (Jan 13, 2014)

Thanks, thats what i was thinking... guess i'll apply and hope for the best!


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## WuzzA21 (Nov 23, 2013)

Did you get a criminal conviction? No?
Ill answer my question for you! No you don't have a conviction for a simple misdemeanor. 
I have a few (4) drug charges to my name, but no criminal convictions. My next offence would have given me a conviction but. 

Stupid Australian goverment scaring people into thinking these stupid things. 

It has to be a serious offence to get a criminal conviction.


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## jml22 (Apr 10, 2012)

Just get a letter from a PD department in a town/city you haven't been arrested in. As long as it's not hookedup o like a livescan or something that tracks your identiy you'll be fine.
So lets say you've been arrested but not charged in Irvine california, you can just goto Long beach california to get the letter made.


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## vknyvz (Jan 23, 2013)

charges vs convictions...

you're innocent until proven guilty and convicted of something, pretty much anybody can charge you with anything doesn't mean darn thing


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## Meercat (Jan 13, 2014)

Ok thanks guys

I was pretty sure they said at court it was a prohibited weapons conviction.. but then again given it was so minor (both the offence and the fine)
Probably just a scare tactic..

When i go to Japan in a couple of weeks, and when i apply for my visa later in the year, should i just tick no when it ask about criminal record or tick yes and explain it?


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## WuzzA21 (Nov 23, 2013)

Meercat said:


> Ok thanks guys
> 
> I was pretty sure they said at court it was a prohibited weapons conviction.. but then again given it was so minor (both the offence and the fine)
> Probably just a scare tactic..
> ...


Tick no. 
If there is a million to 1 chance you get pulled up on it, say "as far as i knew i was charged and not convinced".

If you are still unsure, get onto nsw police checks. Pay $40 for a complete police check.


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## Meercat (Jan 13, 2014)

Ok thanks heaps:thumbsup:


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## Bones (Feb 24, 2008)

vknyvz said:


> charges vs convictions...
> 
> you're innocent until proven guilty and convicted of something, pretty much anybody can charge you with anything doesn't mean darn thing


Yes, but allowing a foreigner into your country is granting a privilege not "allowing" a right.

The USA, for example, can and will deny entry for an arrest, let alone a charge or conviction


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## Kenai (Dec 15, 2013)

Meercat said:


> Hi guys,
> 
> Im planning on working the 14/15 season in Hakuba.
> Im a bit worried i won't get my visa though given i have a minor criminal charge.
> ...


So far, you are not getting the greatest legal advice here. Anyway, most of the advice is also not from Australia, and thus, virtually worthless. Shocker, given that you are seeking legal advice on a snowboarding forum. 

First, you need to find out the status and level of your conviction in Australia. If you paid a fine, you were convicted of something. In the U.S. you could be convicted and pay for a violation, a misdemeanor, or a felony. The mere fact that you did not have a jail sentence does not necessarily determine the level of the offense. 

Second, once you know and understand exactly what your offense was, be honest about it. Don't lie on an official document. I'm quite sure that is a felony level offense in any country. If it was not a crime (in the U.S. a violation is not a crime - think traffic ticket), then you don't say you were convicted of a crime. If it was a crime and you are asked about it, tell the truth. It is entirely possible that Australia has a level of offense and/or a type of resolution that didn't not result in an official lasting conviction. You have to figure that out in your legal system. 

If telling the truth causes a problem with the visa then you need to see a lawyer in Australia and find out how to get the conviction annulled or expunged (assuming Australia has such a process).

Third, don't plead guilty to anything again unless you understand what you are doing and understand the consequences. 

Or just lie about it and hope for the best. :dunno:


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## WuzzA21 (Nov 23, 2013)

Meercat said:


> Ok thanks heaps:thumbsup:


Not a problem. I would get a police report to be sure.

I quoted the fella below for a reason.
I have had 4 drug charges, no conviction as been recorded. How do i know? A police report has said so. Total fines $1700aud.

I have also 2 court related traffic offences, totaling $1200aud. Still no criminal conviction. 

Criminal Records Section - NSW Police Online

How do I obtain a police (criminal history) records check? | australia.gov.au
Look around online, but im pretty sure thess are the sites for you.



Kenai said:


> So far, you are not getting the greatest legal advice here. Anyway, most of the advice is also not from Australia, and thus, virtually worthless. Shocker, given that you are seeking legal advice on a snowboarding forum.
> 
> First, you need to find out the status and level of your conviction in Australia. If you paid a fine, you were convicted of something. In the U.S. you could be convicted and pay for a violation, a misdemeanor, or a felony. The mere fact that you did not have a jail sentence does not necessarily determine the level of the offense.
> 
> ...


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## Meercat (Jan 13, 2014)

Thanks for all the info guys

Thanks for the links WuzzA21, i will check them out and see what i find


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