Criminal record and spent convictions in QLD explained

Almost everyone charged with an offence wants to know early on whether it will go on their record. That depends on the outcome, on whether a conviction is recorded, and on who is looking. A police check for a job, a blue card check and the court's own records all see different things.

This article explains how criminal records work in Queensland in general terms. Your own situation turns on its facts, so get advice about your matter.

Conviction recorded or no conviction recorded

If you plead guilty or are found guilty, the court decides whether to record a conviction. Under the Penalties and Sentences Act 1992 (Qld), the court looks at all the circumstances, including the nature of the offence, your character and age, and the impact a recorded conviction would have on your economic or social wellbeing and your chances of finding work.

The court has that choice for many outcomes, including fines, probation and community service. It does not have it for every sentence. A court must record a conviction if it gives a person a prison sentence.

When no conviction is recorded, the law generally treats the matter as not being a conviction. It is still noted on your Queensland criminal history as a finding of guilt with no conviction recorded, and some checks, such as the blue card check, still require you to disclose it. A later sentencing court can also see it.

That is why what is put to the court about your work, your study and your circumstances can matter so much. Whether a conviction is recorded can be a key issue in a drink driving or minor assault matter.

What does not go on your criminal history

Under the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), a charge that does not lead to a conviction is not part of your criminal history and does not have to be disclosed. That includes charges that are withdrawn or dismissed. A not guilty verdict does not appear on your record.

A domestic violence order is not a criminal conviction. The order itself does not appear on your criminal record, but breaching it is a criminal offence, and a conviction for breach does. Our page on domestic violence orders explains more.

Traffic history is held separately by the Department of Transport and Main Roads and is not part of your Queensland criminal history. A national police certificate from the AFP can still list traffic court outcomes, so the answer depends on which check is done.

When a conviction becomes spent

In Queensland, many convictions become spent after a rehabilitation period with no further conviction:

• 10 years for an adult convicted on indictment, generally in the District or Supreme Court
• 5 years for other convictions, which covers most Magistrates Court matters

The period runs from the date of the conviction, and can be longer if a court order, such as restitution, has not been completed.

A conviction can only become spent if there was no prison sentence, or a prison sentence of 30 months or less. A longer sentence never becomes spent. A further conviction during the rehabilitation period starts the period again.

Once a conviction is spent, you can generally lawfully say you have no conviction for it, and people assessing you for a job or other purpose must disregard it.

When you still have to disclose

The spent convictions scheme has exceptions. People applying for certain roles must still disclose their history, including convictions that are spent or where no conviction was recorded. The list includes police and corrective services roles, teachers and school staff, justices of the peace, security providers, legal profession admission and some licences.

The blue card check for working with children looks at more than a police check. It considers criminal history, including charges and findings without a recorded conviction, as well as other information such as domestic violence information. Blue card holders are monitored continuously, and being charged with certain offences suspends a blue card straight away.

Commonwealth convictions have their own spent convictions scheme under the Crimes Act 1914 (Cth), with different rules.

How to see your own record

There are two common checks, and they show different things.

• A Queensland criminal history from Queensland Police can only be applied for by you, or by your lawyer with your consent. It shows Queensland police prosecutions and is mostly used for court.
• A national police certificate covers police records across Australia and lists the court outcomes that each state's laws allow to be released.

If you are applying for a job or a licence and are unsure what will show, check before you fill in the form, rather than guessing.

Why this matters before court

Whether a conviction is recorded is decided at sentence, and it is very hard to change afterwards. If your job, a licence, travel or a future career depends on your record, that needs to be part of the plan from the start rather than raised for the first time on the day.

If you have been charged and you are worried about your record, talk to Joseph before your court date. Our criminal law pages explain the charges we help with, and our guide to Cairns Magistrates Court explains how the day runs.