In New South Wales, Australia, the court will create a criminal record for you after you have been found guilty of illegal activity. A criminal record is permanent unless the court deems your charge eligible for legal removal.
What You Need To Know About Criminal Records
Dealing with criminal records is a tricky situation. When removing a criminal offence, it is advisable to work with legal professionals to see what is possible. When filling out a national criminal history check, your convictions could appear on your criminal record.
Gaining a criminal record is never a good thing. When there is some illegal activity marked to your name by the court, your career could be at risk. It could potentially affect the rest of your life.
Organise a free consultation if you need legal guidance on understanding your criminal record in NSW, Australia, and what it means for you. – (02) 8005 3075
Why You Need to Read This Article
Whether you already have a criminal record, fear that something might go on your criminal record, or want to be aware of your criminal record, this blog is for you.
By the end of this article, you will:
- Know what a criminal record is.
- How long does a criminal record last in NSW?
- Be aware of the impacts a criminal record could have on you.
- Know if criminal records expire.
- Know if you can remove your record.
Please note: we cannot remove criminal records, however, our criminal lawyers in Sydney are here to guide you on other legal matters related to your criminal record.
How Long Does a Criminal Record Last in NSW?
The idea of a criminal record is to provide anybody and everybody proof of your behaviour before they become affiliated with you.
Most criminal records are permanent and do not allow you to remove them. Some circumstances do permit removal, however.
Depending on the crime, the judicial system could remove it from your record after a while. Minor offences could clear off your record in ten years or less as an adult, while for children, it is three years or less.
You might have to apply to expunge your criminal record.
How Long Does a Criminal Record Check Last in NSW?
For many careers, positions will require you to obtain a national police check in NSW. Criminal record checks in NSW take a few business days and pull all available information linking to you from all Australian states and territories.
In NSW, it is common for employers and businesses to require you to apply for the police check every five years. You could apply for a criminal record to be valid for a shorter period depending on the importance of your job.
What Is a Criminal Record?
A criminal record is an official document listing the criminal offences you have been penalised for. All convictions are processed through the legal system when the court finds you guilty. How long a criminal record lasts in NSW will ultimately depend on the severity of your crimes.
Your criminal record is permanently stored in the Australian legal database of crimes unless eligible for future removal. When you apply for jobs (especially working with children) and fill out a background check, potential employers can access your criminal record.
What Does a Criminal Record Disclose?
Not all offences you commit will show up on your record. Only offences the court has proven you guilty of are available for viewing.
A criminal record will publicly disclose your commitment to illegal activity.
Some of the common offences found on Australians’ criminal records:
- Drug charges
- Sexual offences
- Stealing & Fraud Offences
- Crimes against corporations
How Can a Criminal Record Impact You?
A criminal record means you have disobeyed the law in one way or another. It could stop you from reaching your full potential and act as a dark cloud forever over your head.
- Ineligible for travel
- Legal ban from specific employment
- Not allowed to access particular places or communicate with certain people
- Fines and penalties
Can You Remove Your Criminal Record?
The entirety of a criminal record can only be removed if you have minor convictions that will eventually be eligible for removal.
The Spent Convictions Scheme might also help you work towards the complete removal of your criminal record.
Other possibilities
If the court launches an intervention or diversionary program, they might grant you a chance to wipe your criminal record. Remember, such options only happen under specific circumstances decided by the court.
Do You Have a Criminal Record?
Did you commit a crime in the past that got placed on your criminal record? Are you unsure if you can remove the conviction after some time?
We know that not all criminal offences were purposeful. A criminal record could put a damper on your life situation.
Reach Out to JJ Lawyers for Legal Guidance on Your Criminal Record
JJ Lawyers is committed to helping every client understand their criminal record. While we cannot remove a criminal record, our experienced team can provide insights, legal advice, and support tailored to your situation.
Does a Criminal Record Expire?
In Australia, criminal records do not contain expiration dates. Criminal records are permanent, as is disclosing your convictions when required unless a conviction is eligible to become spent.
Will Any of My Criminal Offences Expire?
Not every offence is viewable on a police check in NSW. Your criminal record will also be available for extraction. Still, some offences could expire and will not count during a new police check.
Spent Convictions Scheme
A spent convictions scheme is a part of legislation limiting the time that has passed since the past crime.
A spent conviction must satisfy one of the following:
- 10 years (adults) and 3 years (children) since the conviction date
- Not sentenced to prison for more than 30 months
- No re-offences within 10 years
Convictions That Can Never Be Spent
- Imprisoned longer than 6 months
- Committed a sexual offence
- Convicted for criminal activity in a corporation
- A conviction advised under the regulations
Always Be Mindful of Criminal Records
Now that you understand what a criminal record is, how it could negatively impact your life, the process of removing it, and how long a criminal record lasts in NSW, you might be eager to start working towards a cleaner slate.
Parting Thoughts – Navigating the Complexities of Criminal Records
Do you have questions about your criminal record in NSW? At JJ Lawyers, our expert team is here to clarify the legal aspects surrounding criminal records. Please note: we cannot remove criminal records. However, we can provide valuable insights, legal advice, and support to help you navigate the implications of your record.
Contact JJ Lawyers for a complimentary consultation if you need assistance with existing legal matters or have concerns about new criminal charges. We’re here to provide expert guidance tailored to your situation. Call us today at (02) 8005 3075.
See our dedicated law blog, which unpacks related legal discussions and topics such as ‘Does Drink Driving Give You A Criminal Record?‘, ‘How To Find Out If Someone Has An AVO NSW?‘ & more!
