The Impacts of a Criminal Record in Australia: What You Need to Know

In Australia, although not all criminal charges lead to a criminal conviction (i.e., a criminal record), once you are found guilty, the conviction can have significant effects on your life. A criminal conviction is not just a legal record; it can significantly impact various aspects of your life, including employment, travel, and immigration.

Do All Criminal Charges Result in a Criminal Record?

Any criminal charges brought by the police could potentially lead to a criminal conviction. (Continue reading: What Should You Do If Prosecuted by Police in Australia?)

However, not all criminal charges automatically result in a criminal conviction. In some cases, even if charged, you may be able to avoid a criminal record through methods such as probation, plea bargaining, or diversion programs.

Criminal charges are primarily categorized into two types: Summary Offences and Indictable Offences.

Summary Offence

These involve less serious criminal behavior, such as minor theft or certain traffic violations (e.g., speeding). The process for handling these charges is relatively simple. While a conviction typically results in a criminal record, in some cases, it may be possible to avoid a criminal record through probation, plea bargaining, or diversion programs.

Indictable Offence

These involve more serious criminal behavior, such as murder, rape, fraud (e.g., large-scale financial fraud), and certain serious traffic crimes (e.g., DUI or dangerous driving). The process for handling these charges is more complex, and the consequences of a conviction are more severe, including imprisonment. For indictable offenses, the chances of avoiding a criminal record are lower, but it may still be possible to seek a reduced penalty through legal proceedings.

How Does a Criminal Record Impact Your Life?

A criminal record can significantly affect various aspects of your life, including but not limited to:

Career：

Many employers check applicants’ criminal records during the hiring process. A conviction can affect your chances of finding a job or advancing your career.

Additionally, a criminal record, particularly one involving financial or serious crimes, may disqualify you from serving as a company director.

Housing：

Some landlords or leasing companies also check tenants’ criminal records, and a conviction may impact your rental application.

Travel：

Some countries impose entry restrictions on individuals with criminal records, potentially limiting your opportunities to travel abroad.

Immigration：

A criminal record is likely to affect your visa application or immigration status, especially when applying for permanent residency or citizenship.

Insurance：

Insurance companies may consider a criminal record when assessing applicants’ risks, which could affect your insurance premiums or your ability to obtain insurance.

Business License Applications：

A criminal record may impact the outcome or eligibility of certain business license applications (e.g., liquor licenses).

Can I Apply for Spent Conviction?

In Victoria, as of December 1, 2021, if you meet the conditions and do not reoffend within the set timeframe, you may be eligible to have your conviction treated as spent. This doesn’t remove the conviction from your record, but it does limit its visibility and the need for disclosure in most situations.

The possibility of having a conviction treated as “spent” depends on the severity of the offense and whether you meet specific legal criteria. A spent conviction remains on your record but is generally hidden from public view after a specified period during which you have not reoffended. This means you typically won’t need to disclose it to employers, landlords, or insurers.

However, some serious convictions, such as:

• involving more than five years of imprisonment; or
• serious sexual or violent offenses, cannot be spent and will remain visible in certain checks.

Even if a conviction is spent, it might still be accessed under certain circumstances, including:

• Working with children checks
• Applying for certain types of licenses
• Obtaining professional accreditation (e.g., for health professionals, teachers, and lawyers)
• In cases involving family violence or child safety
• During immigration decisions

Source：2023.12.12 Updated Spent Convictions Act 2021 – Summary Factsheet 

If you are facing criminal charges and are concerned about the impact of a criminal record, contact us today. Our criminal lawyers are ready to answer your legal questions and provide you with effective strategies to protect your rights.