If you have a criminal record, it can be difficult to get a job after going through court. This is especially true for people who have been found guilty of violent, sexual, or dishonest crimes like theft and fraud. When trying to get a job after a conviction, the stigma that comes with having a criminal record is often the biggest and hardest thing to overcome. This can lead to anger and disappointment after a plea or guilty verdict. Having a criminal record can also have significant effects on people who need a Working with Children Check for their job.
When someone applies for a job in Victoria, employers may check their criminal record. Having a criminal record carries a stigma, but under the Spent Conviction Scheme, offenders convicted of minor or old crimes may have their convictions erased. The goal of this innovative plan is to make it easier for people who have been in trouble with the law to get back on their feet.
Newly passed in Victoria, the Spent Convictions Act 2021 (Vic) is a major step towards reforming the criminal justice system. This law makes it illegal to discriminate against someone because they have a "spent conviction." It might be hard to get a job if you have a criminal record, so get help from the experienced criminal lawyers at Josh Smith Legal.
Checks by the National Police
Employers, groups, and government agencies across Australia can request a national police check to see if someone has been convicted of a crime. No spent convictions will show up on a national police check. National police checks will also not show any information about an ongoing police investigation, charges that have not been decided by a court, or convictions related to mental illness. There is no way to avoid a national police check, but you can ask the police to correct any incorrect information in the check.
Working with Children Checks
One additional effect of having a criminal record on your ability to get a job is that it might affect your Working with Children Check (WWC). They are essentially a way to screen or recheck people who work with or care for children in Victoria to ensure the children's safety. The Working with Children Act 2005 (No 57 of 2005) gives them the power to do this. An applicant's criminal history is a significant part of the WWC. Specifically, they look at whether the person has been convicted of a dangerous violent, sexual, or drug-related crime. Employers and organizations can also check if someone is on the Sex Offenders Register to ensure the safety of vulnerable individuals.
Unfortunately, arrests for these kinds of crimes can make it very difficult to get a WWC. Additionally, people who have been convicted of a major sex crime and are registered under the Sex Offenders Registration Act are not allowed to apply for a WWC. People with criminal records may not be successful on their first application, but they can appeal to the Victorian Civil and Administrative Tribunal. This tribunal can either delay, confirm, set aside, or order a reconsideration of the negative decision. You have 28 days to file an appeal. When someone receives a negative notice, they cannot apply again for at least five years. The Spent Conviction Scheme may work for less serious or old crimes, which is good news.
What is the Spent Conviction Scheme?
An old problem is that having a criminal record makes it harder to get a job. In Victoria, the Spent Conviction Scheme has helped with this problem to some extent.
The Spent Convictions Act was implemented in 2021. It sets up a way for crimes to be erased automatically or after an application. Getting rid of a criminal record through the Spent Conviction Scheme can significantly improve job prospects and reduce the stigma associated with a criminal history. The Act sets rules for when someone must or must not reveal convictions on their criminal record. The goal is to remove unfair barriers faced by Victorians who have broken the law but have since reformed.
People with spent convictions do not have to tell potential employers that they have a criminal record, and their convictions do not show up on background checks.
Crimes for Which the Scheme Does Not Apply
People who go to prison for sexual or major violent crimes will never be able to have these convictions spent. Similarly, it does not matter what crime the person committed or how long their prison term was.
The recently passed Spent Convictions Act 2021 (Vic) is a positive step towards reforming the criminal justice system. It will protect the rights of Victorian workers by ensuring that old, irrelevant, and less serious offences do not harm their careers. Most past convictions will no longer subject individuals to discrimination or social stigma because of this new law, although some more serious convictions will remain on record. The scheme also makes it illegal to treat people differently because they have a past conviction.
Conclusion
The Spent Convictions Act 2021 (Vic) is a big step forward in criminal justice reform. It gives people with minor or old convictions new chances to get back into society without having to worry about their past mistakes. The Act aims to help reformed criminals get jobs by ensuring that their spent convictions don't show up on background checks and by making it illegal to discriminate based on them. There are still records of more serious crimes, but the law is fairer because it balances the need for public safety with the rehabilitation of individuals. This makes Victoria's society more open and fair.
