Can A Criminal Record Be Cleared in Australia?

As reputable Sydney criminal lawyers, we understand how difficult it can be for Australians to get comfortable with the idea that they have a criminal record. Criminal records are the last thing anyone wants on their police records or background checks. They not only harm an Australian’s job chances, but it is also a turn-off for most companionships and organisational supports.

If you have been charged with a type of drink driving offences, you will have a criminal record against your name in the criminal record database. Fortunately, in Australia, there is a means to clean your criminal record as stipulated by law.

However, similar to everything in the Australian legal system, there are many regulations and a strict set of expectations that goes with getting a drink driving offence criminal record cleared. As reputable Sydney criminal lawyers, let’s give you a closer look.

 

What Is A Criminal Record?

In Australia, a criminal record is a national database that records a person’s whole criminal history, containing:

• Findings of guilt,
• Convictions,
• Sentencing,
• Driving whilst disqualified,
• Court fines and jail terms imposed in a courtroom.

Any conviction the court has ever issued to you will be on your criminal history, and it remains there for life, except when removed by special orders like the Spent Convictions Scheme of Australia.

 

In NSW, How Can You Have Your Criminal Records Erased?

According to section 8 of the Criminal Records Act 1991 NSW (CRA), an offence conviction can be erased after the appropriate crime-free period expires for most criminal offences in New South Wales.

All Australian States, Territories and the Commonwealth have legislation restricting the revelation of certain prior offences after a period of time has passed in which the individual has not committed any new offences. The ‘waiting period,’ also known as the ‘crime-free period,’ is usually ten years if a person was dealt with as an adult and five years otherwise or three years in NSW.

This type of legislation is known as the “Spent Convictions Scheme of Australia”.

If a person commits another crime within the waiting time, the waiting term begins all over again. For example, a person has to have a clear period of ten or five years before older offences can be considered spent.

First, it makes no difference whether the offence was a drink driving offence, a domestic offence, a public offence, or something else entirely. But before the conviction may be spent, however, several requirements must be satisfied, including:

• The individual receives a pardon for reasons other than “wrongful conviction.”
• The person was not condemned to more than 30 months in jail (Commonwealth).
• Without another conviction, the “good behaviour” or waiting period is expired.
• If your traffic offence meets all of the criteria, it will be marked as “Spent” after the waiting time.

 

How Do I Apply For The Spent Convictions Scheme?

When a person completes a term of crime-free behaviour, the law in NSW recognises that some criminal convictions should not have a black stain on their record. If this is the case, the conviction will be considered ‘spent’, and will no longer appear on a person’s criminal record.

An offence will be automatically spent if it is capable of being spent; you do not need to contact Sydney criminal lawyers or take any more steps. Although, if the crime were committed in Western Australia, you would need to apply to the WA Police to have it erased. For further information, go to the WA Police website and type in “spent convictions.”

 

Exceptions To ‘Spent’ Criminal Records

There are exceptions (known as exclusions) to getting a spent criminal record, including:

• The individual cannot be convicted of another offence during the “good behaviour” term. If they are convicted again, the time will begin all over again.
• If a jail sentence is issued, the period of good behaviour will begin when the sentence is completed.
• Offences that incurred penalties over 30 mounts can never become spent, as these offences are deemed “severe” criminal offences and are not eligible.
• Sexually related offences.
• Offences against corporate bodies.
• Serious offences against a child or vulnerable person.
• Other offences as stipulated in State-based legislation will entail old convictions to show up on police checks and therefore not be eligible to get expunged.

 

Can Convictions For Traffic And Drink Driving Offences Be “Spent”?

Convictions for traffic and drink driving offences are spent the same as convictions for non-traffic offences. Although, certain sorts of traffic convictions are exceptions to the Spent Convictions Scheme:

• Serious DUI offences,
• Speeding offences well above 45km/h,
• Serious Drink Driving Offences
• Aggravated Driving offences,
• Manslaughter charges,
• Murder charges,
• Other Serious Traffic infringements,
• Attacking a Traffic or Police officer to prevent arrest, causing them serious bodily injuries,
• Traffic offences the court stipulates during sentencing cannot become Spent.

 

How Can I Look Up My Criminal Record?

You may check your criminal record online through a variety of organisations. To acquire your record, you can submit an online police check application. When applying online, you may be asked for your name, date of birth, and fingerprints. If this is the case, you will be notified through email and asked to come to your local police station to have your fingerprints taken.

If you have any doubts or are unsure, you should contact the Criminal Records Section of the Police Service of the State or Territory where the offence happened to determine if the matter would be disclosed in a National Police Check.

 

Searching For Experienced Sydney Criminal Lawyers?

When searching for a reputable criminal defence lawyer to defend your drink driving offences case, you must find a Sydney criminal lawyer with both experience and a high success rate in helping their clients achieve positive outcomes.

Whether you are facing a summary criminal offence, a minor criminal offence, a significant criminal offence or any other type of offence, experienced Sydney criminal lawyers are imperative in providing you with the best possible defence.

Essere are outstanding Criminal Defence Lawyers. They understand the strain drink driving offence cases have on their clients and families alike and provide sympathetic, non-judgemental expert advice and support to their clients. With offices in Sydney and Parramatta, conveniently located near both the local and district courts, they will make your legal criminal defence process transparent and manageable.

Having defended more than 3,800 criminal defence cases and a success rate of over 90%, Essere, Criminal Defence Lawyers in Sydney & Parramatta, provides their clients with informed legal advice and flexible payment terms. If you have been charged with a Sydney criminal offence or drink driving offences, please contact Essere on (02) 9283 3033 for your first Consultation.