Criminal Records

OBTAINING A COPY OF YOUR CRIMINAL RECORD


A copy of your criminal record can be obtained from the NSW Police Force or the Australian Federal Police by way of an application form. Such a record may be necessary for your employment or for visa requirements.

CRIMINAL RECORD AND EMPLOYMENT

Your employer or prospective employer may require you to disclose whether you have a criminal record. If you have been charged with an offence and there has been a finding of guilty made by the court, yet received the benefit of a section 10 according to which no conviction is recorded, then you may not need to disclose this to your employer or prospective employer. Some employment industries such as those which involve children or security do not come within the parameters of spent conviction legislation. An employer may refuse to employ you if your criminal record prohibits you from being able to perform the particular job’s inherent requirements.

CRIMINAL RECORD AND TRAVEL

Having a criminal record can influence your ability to obtain a visa and travel overseas. It depends upon which country you are travelling to and the kinds of offences which appear on your criminal record. For example, you would be prohibited from travelling to the USA if you have been found guilty of a crime involving ‘moral turpitude’.

AVOIDING A CRIMINAL RECORD

Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows a Court upon finding you guilty of a criminal or traffic offence to record no conviction, which means you will not have a criminal record for this offence. In traffic matters this section also incurs no loss of license, fine or demerit points.

The court may dismiss the charge with no conditions or the court may dismiss the charge and place you on a good behaviour bond for a period of up to 2 years. If any of the conditions of the bond are not abided by, then the court may revoke the bond and impose a different sentence which may then result in a criminal record.

Lamont Law specialise in criminal law. If you have been charged with a criminal offence, you need expert legal advice. Our lawyers have a proven track record of excellence.