How long do you keep a criminal record

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Download as PDF. This can cause a variety of problems, many of which can rear their head at unfortunate times. Fortunately, as a general rule, many criminal convictions will not remain on your record forever.

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Below we consider three circumstances in which a conviction may not need to be disclosed, or may not appear on your criminal record at all. In some circumstances, though you may have been convicted of an offence, a conviction will not have been recorded on your criminal record. Many of the circumstances and arguments that may be persuasive to a court may not be obvious to a lay person.

For this reason, if you have been charged with an offence, we recommend that you seek legal advice from a lawyer experienced in criminal law in order to improve your chance of avoiding the recording of a conviction. In many circumstances, it will be unlawful for another person to disclose a spent conviction you may have. In order to be eligible to be a spent conviction, any term of imprisonment ordered as a result of the conviction must have been less than 30 months.

A suspended sentence will count towards the 30 months, even if no custodial sentence is actually served. If you are convicted by a Magistrate, the rehabilitation period will be 5 years. If you are convicted by the District or Supreme Court the rehabilitation period will be 10 years. Regardless of the court, it is also necessary that you have completed any restitution ordered by the court and that you have not been convicted of a subsequent offence within the rehabilitation period.

Not all exceptions are included under section 9A. If a conviction is expunged, that means that it is wiped from your record. Expungement exists so that people that have been convicted of offences that no longer exist, primarily those relating to male homosexual activity, are relieved of the burden of a criminal record. For a conviction to be expunged, the offending must not have involved conduct which continues to be an offence in Queensland.

It is also possible to apply for expungement on behalf of a deceased person. You do not need legal representation to apply for expungement. Skip to content. A basic, standard or enhanced AccessNI check will disclose different types of information about your criminal record history to an employer. Some cautions, fines, offences and spent convictions won't appear. But convictions for certain crimes stay unspent and will always appear on your record.

An AccessNI check is a criminal history record check which provides different levels of information about you. There are three levels of check:. If you admit an offence, the police can give you an informed warning without going to court.

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A warning is not a conviction. It stays on your criminal record for 12 months. This applies to both adults and young people under 18 years old. If you admit an offence, the police can give you a caution.

A caution is not a conviction. If an offender under 18 admits guilt, they can agree to a diversionary youth conference. The diversionary conference stays on their record for two years after the date accepted. If you're still in your rehabilitation period following a criminal conviction, your conviction is unspent.

Any custodial sentence over two and a half years stays unspent. The specified time is the rehabilitation period. This could be:. People on these lists are barred from regulated activity with children and vulnerable adults. It is a criminal offence for someone on these lists to work or apply to work in regulated activity.

AccessNI filters convictions and cautions for minor or certain old offences from standard and enhanced checks. Filtering does not remove convictions for serious offences or convictions that resulted in a prison sentence. Specified offences include:. The examples of filtered records explain when filtering applies to cautions or convictions for minor offences. Real people's names aren't used.

Arnold is This is his only conviction. This will be filtered because the offence is not on the specified list and the conviction is more than 11 years old.

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Basia is These convictions will not be filtered. Although over 11 years have passed since the convictions, Basia has more than one conviction so all convictions are disclosed.



This will be filtered because the offence is not on the specified list and the conviction happened over five and a half years ago when Cole was under Delia is She was convicted of common assault in Ely is He was convicted of possessing prohibited images of children in This is a single office which happened over 11 years ago. This conviction will not be filtered because it is a specified offence. This caution will not be filtered. Flora was over 18 when cautioned.

Criminal record: How long does it last? - All Cleared

Her caution is eligible to be filtered in , six years after the caution. This caution will be filtered because Guy was under 18 when cautioned and over two years have passed since the caution. Helga is She was cautioned for shoplifting in She committed another offence in