Which Offences Go On a Criminal Record in NSW?

Are you wondering how a criminal record works? There is an abundance of legalities, rules and regulations involved with the sentencing and criminal conviction of offences in NSW and Australia. It can be overwhelming to understand all aspects of criminal convictions and records, leaving you wondering what the impact is of a criminal record, what offences go on a criminal record or whether it is possible for a criminal record to be cleared in NSW. 

As we know, there are various criminal offences ranging from negligent driving to attempted murder. However, this does not mean they are considered the same in terms of a criminal record. Due to the nature and severity of each individual offence, they will be dealt with differently in court as well as carrying different penalties such as fines, community services or imprisonment. The Court will take into consideration a variety of external factors when making a final decision regarding penalties. 

 

Criminal Offences and Criminal Records

Criminal offences range from less severe offences such as parking or speeding tickets and range through to some of the most severe criminal offences such as murder and manslaughter. With this being said, not all cases will be classified as a ‘criminal case’ and will not be found on a criminal record.

Once you attend court for a hearing of an offence, the Judge will take into consideration a variety of factors when coming to a decision regarding being found guilty and the related penalties. These factors may include:

In New South Wales, a criminal record will include all criminal and serious traffic offences that you have been found guilty and convicted of in court, such as:

• Sentencing 
• Convictions
• Findings of guilt
• Driving with a disqualified license
• Where the court implemented fines and jail terms

 

Can a Criminal Record Be Cleared?

In accordance with section 8 of the Criminal Records Act 1991 NSW (CRA), it is possible for a criminal record to be cleared, although there are requirements to be met before this is considered. After the applicable crime-free period expires, the majority of convictions can be erased in Australia. 

In New South Wales, there is generally a 10-year period that must be served before a criminal record is cleared, except for in the event that the prosecutor was convicted within the juvenile court, the waiting period is generally reduced to a time period of 5 years. This time period is referred to as the Spent Convictions Scheme of Australia. Some of the requirements to be met before a criminal record can be cleared or ‘spent’ include:

• The person has not been condemned to more than 30 months in jail
• The individual receives a pardon for reasons other than “wrongful conviction”
• The “good behaviour” or waiting period has expired without the prosecutor having convicted an additional crime 

Due to the nature and severity attached to some offences, it is not possible for a range of offences to be cleared from a criminal record. These offences include:

It is important to note that all states and territories may have varying rules and regulations regarding the Spent Convictions Scheme of Australia and it is important to be aware of their specific guidelines. 

 

Which Criminal Offences Go On a Criminal Record in Australia?

In Australia, any offences where you have pleaded guilty in Court will appear on your criminal record. These offences will include if you have been found guilty of driving when you have a disqualified license, drink driving offences or negligent driving where someone may get hurt. 

If the Court has issued you with a conviction, this will appear on your criminal record unless it was cleared through a special order such as the Spent Convictions Scheme of Australia. There are various offences that may not appear on your criminal record, which may include such as dismissed criminal charges, offences you were not found guilty of or AVOs. 

 

Do Traffic Offences Go On a Criminal Record?

Traffic offences can be shown on a criminal record, although it will depend on the nature and severity of the crime. If a traffic offence does not go to court, generally it will not appear on a criminal record. Major traffic offences which may appear on your criminal record may include:

• Negligent driving (if convicted in court)
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• Driving under the influence of drugs
• Driving whilst on suspension or probation
• Being found guilty of a traffic offence whilst on a good behaviour bond
• Driving with falsified documents

On the other hand, all traffic offences will appear on your traffic record instead of your criminal record. A driving or traffic record will include all the traffic offences you have committed within your state in Australia. Your traffic record will include offences you have paid fines for, except parking fines, as well as traffic offences you have disputed in Court where you were found to be guilty and were convicted. 

Your driving record will include relevant information regarding traffic convictions, including

• Name of the offence
• Date of the offence
• Details regarding the penalty received and amount of the fine, if related 
• Any demerit points relating to the offence
• Any circumstance where Revenue NSW has cautioned an offence