Criminal Records Act 1991 (“the Act”)
The following should be read as a guide. I strongly encourage anyone with questions about their court matters, outcomes or criminal histories to contact us and schedule an appointment.
In NSW, a criminal history check will usually show all ongoing criminal charges, conditional release orders, community corrections orders, convictions and non-convictions, intensive corrections orders and sentences of imprisonment. The only criminal law matters it won’t show are “spent convictions” and minor traffic matters.
Most minor offences can become spent convictions after a crime free period of 10 years. Other offences cannot become spent convictions such as sexual offences (defined in the Act) or offences for which a person was sentenced to more than 6 months imprisonment.
The 10 year crime free period does not apply to simple non convictions and conditional release orders where no conviction was recorded. In the latter case, the matter becomes a “spent conviction” at the expiration of the conditional release order.
If a criminal matter has become a “spent conviction”, you are not required to disclose it to anyone, and your criminal history will only refer to matters which are not “spent convictions”.
The effects of a matter becoming a “spent conviction” do not apply in all circumstances. If you apply for a job as a police officer, teacher, or apply for a working with children check, you will be required to disclose “spent convictions” if you have any.
Having a clean criminal history can make a big difference to where you work, what you do for a living, where you travel and what you can do on weekends. We have many strategies for keeping your criminal history clean.
Get the legal advice you need. Contact us today to discuss.
Jeremy L. McGrath
Penrith Lawyers.