Spent Convictions Information | National Crime Check
You can refuse to let the employer do the check but then this would probably mean that you do not get interviewed or considered for the job. Once you have agreed, the employer can ask Victoria Police for criminal records information. Victoria Police will only do a criminal record check if you agree in writing. Some employers cannot employ people with certain criminal records.
For example, employers that work with children or vulnerable people cannot employ people with convictions for crimes involving children. There are no laws in Victoria against employers who discriminate against someone because of a criminal record. However, the Australian Human Rights Commission may be able to help with complaints.
You may want to travel overseas and need a visa. You will need to get this visa approved from the relevant embassy. Some countries have laws that stop people with convictions or findings of guilt from entering their country. If you are planning a trip and you have a criminal record, contact the embassy of that country before you apply for a visa.
Skip to the content. Criminal records. This will include details of all spent and unspent convictions, cautions, final warnings and reprimands, as well as penalty notices, arrests that resulted in no further action NFA and not guilty verdicts in court.
Your Subject Access certificate provides a lot more information than a basic, standard or enhanced disclosure certificate would provide. If you receive your Subject Access certificate and would like advice about what would be disclosed on a criminal record check, please see here or contact our helpline on or helpline nacro. Since , police retain details of all recordable offences until the individual reaches years of age. Individuals could apply for eligible records to be removed and it would seem, in some cases, that eligible records were automatically deleted.
However, the process was not systematic and many records that were eligible for deletion were not deleted. If you believe that the information held on the PNC is inaccurate or incorrect you will need to contact the Data Controller or data protection office for the force which owns the data.
Simple cautions are issued by a police officer in a police station. Before administering the caution, the police officer must do the following:. Conditional cautions are usually issued in a police station or, occasionally, at a location that is appropriate to the offence but not on the street or at your home. This consultation should be carried out as quickly as possible, either with a Crown Prosecutor located at the police station or by telephone. In exceptional circumstances, it may not be possible for the police to consult with the CPS on the spot, in which case you may be bailed under s.
For further information and to read the Conditional Cautioning Code of Practice, please see here. Youth cautions may be issued where a young person aged admits an offence and there is a realistic prospect of conviction, but it is not in the public interest to prosecute. Youth cautions are issued by the police, but the police may ask the Youth Offending Team YOT to carry out an assessment of the young person before issuing the caution.
The young person may be bailed in order for the assessment to take place.
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Youth cautions may be issued in a police station or a youth offending team premises. If the caution is being issued as part of a restorative justice process, the caution may be issued at the premises where the offence occurred, if this is deemed appropriate. If you have previously received a youth caution, you will be referred to a YOT who will carry out an assessment and consider putting in place an intervention programme designed to prevent reoffending. The youth conditional caution may be issued in a police station, court building, YOT premises, the offices of any prosecutor, or any other suitable location consistent with achieving the appropriate impact on you.
The police must seek authorisation from the CPS to issue a youth conditional caution. The Crown Prosecutor will also seek advice from the local YOT as to the appropriate conditions to attach to the caution. If you have accepted a caution, you have admitted guilt or liability for the offence for which the caution was issued. There is no formal right to appeal against the issuing of a caution, but if you feel that the police did not follow the specified procedures or if you were unfit to accept the caution at the time, you may be able to challenge the caution.
This will usually need to be done within a reasonable time frame of the caution being issued. Recent charges or outstanding matters under investigation that have not yet gone to court may also be released. Begin now. Business Solutions Toggle Submenu. Services Toggle Submenu. A full list of exclusions is available from the Office of the Australian Information Commissioner. These include: where a prison sentence of more than 6 months has been imposed periodic or home detention is not considered a prison sentence ; convictions against companies and other corporate bodies; sexual offences pursuant to the Criminal Records Act ; and convictions prescribed by the Regulations.
This period is: 10 years for indictable offences where the offender was an adult at the time of conviction; and 5 years for other summary offences or where the offender was a juvenile.
It is unlawful for any person to disclose the conviction unless: the convicted person consents; the Minister has granted a permit authorising disclosure where there is a legitimate and sufficient purpose for disclosing ; the disclosure is subject to an exemption. The Act defines a conviction as: a formal finding of guilt by a Court; a finding by a Court that an offence has been proved.
Certain convictions can never be spent. These include but are not limited to: convictions of sex offences; convictions where a sentence is imposed of more than 12 months imprisonment for an adult, or 24 months imprisonment for a juvenile.
Related how long does a criminal offence stay on record
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