People in Australia who have a criminal record may wonder if they can get rid of their criminal record. The good news is that most of the time it is possible. The most common way that this happens is through "spent convictions." A spent conviction means that the crime won't show up on most background checks after a certain amount of time. A person's convictions are generally "spent" after 3 to 10 years, but this depends on how bad the crime was and how old the person was when they did it.
It is important to know that Victoria, as with every other State and Territory in Australia, has distinct rules about people who have already done their time. There are ways to get their records cleared or their sentences expunged. This gives hope to people who want to leave their mistakes behind and start over. Our knowledgeable criminal lawyers at Josh Smith Legal can help you or a loved one get rid of a criminal record or find out more about charges that have already been served.
What Is A Criminal Record?
A criminal record in Australia is a record of a person's criminal convictions history. It includes:
- Findings of guilt
- Convictions
- Sentencing
- Driving while disqualified
- Court fines and jail terms given in a courtroom
People’s criminal records are held in a national database that can be accessed by police, as well as by individuals. If you believe a conviction was unjust, it's important to understand how to appeal a criminal conviction, which can help in potentially clearing your record.
What Kind Of Information Do Police Check Reports Have?
A police check certificate's main purpose is to let employers know if you have any charges on your record, especially ones that would make hiring you dangerous for the business or the people it serves. Because of this, each licence will either say "disclosable outcomes" or "no disclosable outcomes." The impact of a criminal record on employment in Victoria can be significant, as many employers conduct police checks and may be hesitant to hire individuals with a criminal history.
The results that are written on the certificate are the outcomes that can be shared. If you have been charged with a crime but haven't gone to court yet, that charge may also be added.
What does it mean if your certificate doesn't list any outcomes? It means that either you have no known convictions or your convictions have expired. It could also mean that the convictions found in your background check were not related to the job you applied for.
For What Crimes Will The Punishment Never End?
There is no end to sexual crimes in most Australian States and Territories, even if many years have passed since the conviction. Because of this, any sexual crimes will always show up on a criminal's NPC certificate. This is sometimes also the case when the criminal was a child at the time of the conviction.
When And How Will My Spent Convictions Show Up In An NPC Campaign?
It's possible for some of your crimes to still show up on a national police check, even after they have expired.
On the NPC registration form, you may see a question asking you to explain the reason for your national police check. If you need a national police check because of any of these things, old crimes may still show up:
- Taking care of kids
- Taking care of older people
- Working with people with disabilities or people who are otherwise at risk
- Getting work as an immigration officer or a business driver
- Getting a job in a hospital
Will Convictions From Other States Show Up On My National Background Check?
Yes, any related convictions from all Australian States and Territories will show up on your national police check. There will be searches of police records from all over the country, even if you only ask for a regional NPC. We can then match the information you give us with records of people of interest from all over the country.
That is, if someone was found guilty of a crime in Brisbane, it would still show up on their national police check if they went to South Australia and asked for one.
How Correct Are National Background Checks?
The results of your national police check should be correct if you provide the right information when you apply. But if you make even small mistakes in the writing or spacing of the information you give, the search might not work right.
When you fill out an NPC online application, it is in your best interest to provide the correct information. You can be sure that you won't get a certificate that shows convictions that aren't your fault that way.
Conclusion
Keeping track of your criminal record in Australia can be hard, but it's important to know how the Spent Convictions Scheme works and what it means for your record. Some convictions are "spent" after a certain amount of time, but not all of them are. This is especially true for major crimes, like sexual crimes. Also, giving correct personal information during the application process is very important for the accuracy of national police checks. People can get through the process smoothly and avoid problems that might come up because of their criminal record if they know what they're doing and follow the right steps.
