Key Takeaways
- A criminal record impacts employment, travel, and legal rights, necessitating an understanding of its implications and expungement processes.
- Victoria's spent convictions scheme allows certain convictions to be removed after a set period, impacting how records are treated under the law.
- Criminal records in Victoria are categorized into police records and driving records, each with specific details and management by different authorities.
- Access to criminal records is controlled by Victoria Police, with strict regulations concerning when information can be disclosed, especially regarding spent convictions.
- Legal protections against discrimination related to criminal records are established, limiting inquiries about spent convictions and protecting individuals from unfair treatment.
A criminal record can have lasting legal, professional, and personal consequences, influencing employment opportunities, travel eligibility, and legal rights. Understanding the nature of criminal records, their long-term implications, and the processes for accessing or expunging them is essential.
This guide offers comprehensive information on criminal records in Victoria, including disclosure laws, the process for having convictions spent, and how these records can affect different aspects of life. It also outlines the rights and responsibilities of individuals with a criminal record and available legal remedies and protections against discrimination.
Understanding Criminal Records in Victoria
Criminal records in Victoria are managed by different authorities and fall into two primary categories:
- Police Records – Recorded on the Law Enforcement Assistance Program (LEAP) database, detailing criminal charges and court outcomes.
- Driving Records – Maintained by VicRoads, listing driving offences, fines, and demerit points.
These records can affect legal proceedings, background checks, and employment opportunities.
Spent Convictions: Clearing Your Record
Victoria introduced a spent convictions scheme on 1 December 2021, allowing certain convictions to be removed from an individual’s record after a set period or by court order.
Types of Spent Convictions
- Immediately Spent – Minor offences, including infringement convictions.
- Automatically Spent – Removed after a crime-free period.
- Court-Ordered Spent Convictions – For serious offences requiring an application to the Magistrates’ Court.
Serious Convictions That Require a Court Order
- Sentences exceeding 30 months in prison
- Sexual offences
- Serious violent offences
For legal assistance, contact the Law Institute of Victoria or the Victorian Aboriginal Legal Service.
What’s Included in a Police Criminal Record?
Police records document details such as:
- Type of offence
- Court and hearing date
- Case outcome and penalties imposed
Even if a person is found not guilty, their court appearance remains recorded. However, Victoria Police will not release information if:
- The individual was acquitted.
- A diversion program was successfully completed.
Driving Offences and Your Record
A VicRoads driving record includes:
- Court convictions for driving offences
- Fines for drink or drug driving
- Demerit points and license suspensions
You can obtain a copy of your driving record through VicRoads.
Who Can Access Your Criminal Record?
Victoria Police controls access to criminal records, which may be disclosed under the following circumstances:
- Employment screening with written consent
- Government agency requests for legal, security, or immigration matters
- Visa applications for international travel
Police will not disclose spent convictions, except where legally required.
Criminal Record Checks for Employment
Employers often request criminal record checks before hiring. These checks may reveal:
- Prior convictions and findings of guilt.
- Time served in prison.
- Driving offences, where relevant.
Legal Protections Against Discrimination
Under Victoria’s spent convictions law:
- Employers cannot ask about spent convictions, except in specific circumstances.
- You do not need to disclose a spent conviction.
Some roles, particularly those involving children or vulnerable individuals, may require a full criminal history.
If you suspect discrimination due to a spent conviction, contact the Victorian Equal Opportunity and Human Rights Commission.
Criminal Records and International Travel
Embassies may require a criminal record check for visa approval. They may inquire about:
- Prior convictions.
- Findings of guilt.
- Time served in prison.
Some countries restrict entry for individuals with certain convictions. Always consult the relevant embassy before applying.
How Long Are Criminal Records Retained?
In Victoria, criminal records are maintained for:
- 10 years for adults (18+ years) at the time of conviction.
- 5 years for individuals sentenced as minors (under 18 years).
Exceptions Where Older Convictions May Be Disclosed
Records older than 10 years may still be accessed if:
- The offence resulted in more than 30 months of imprisonment.
- The conviction involved serious violence or sexual offences.
- The individual was found not guilty due to mental impairment.
For more information, visit the Department of Justice and Community Safety.
Key Legislation
Several key pieces of legislation govern criminal records in Victoria and Australia, including:
- Spent Convictions Act 2021: Establishes the spent convictions scheme and protects against discrimination based on spent convictions.
- Crimes Act 1958: Defines criminal offences and their consequences in Victoria.
- Sentencing Act 1991: Outlines sentencing principles, including the consideration of prior convictions.
- Road Safety Act 1986: Governs driving offences, demerit points, and driving records maintained by VicRoads.
- Charter of Human Rights and Responsibilities Act 2006: Protects individual rights, including privacy rights related to criminal records.
- Equal Opportunity Act 2010: Prohibits discrimination based on criminal records in specific situations, particularly after a conviction becomes spent.
Resources and Support
If you need assistance with matters related to criminal records, the following resources can provide guidance and support:
- Victorian Legal Aid (VLA): Offers free legal advice and assistance for individuals facing criminal law issues, including criminal records, and spent convictions.
- Law Institute of Victoria (LIV): Provides a directory to help individuals find qualified lawyers with expertise in criminal law and related matters
- Victorian Aboriginal Legal Service (VALS): Delivers culturally appropriate legal support and advocacy for Aboriginal and Torres Strait Islander individuals, including assistance with criminal records.
- Victorian Equal Opportunity and Human Rights Commission (VEOHRC): Offers guidance and support for individuals facing discrimination due to their criminal record.
- Department of Justice and Community Safety (Victoria): Provides comprehensive information about the spent convictions scheme and other legal services in Victoria.
Conclusion
Understanding the implications of a criminal record and the legal avenues available to mitigate its impact is essential. Whether you are seeking to clear your record through the spent convictions scheme, navigating employment background checks, or planning to travel abroad, knowing your rights empowers you to make informed decisions. Access to legal support can help ensure your record does not unfairly limit your opportunities and that your privacy is protected within the bounds of the law.
If you need legal guidance regarding criminal records, employment law, or any related matters, Pentana Stanton Lawyers is here to help. Our experienced legal team can assist you with understanding your rights, applying for a spent conviction, and addressing any legal challenges that arise.
Contactus today to discuss your situation and explore how we can support your legal needs.
