NSW How to Remove Conviction from Criminal Record?

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ezmarh

Active Member
29 September 2015
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It has been 10 years since I was convicted for Centrelink fraud (biggest mistake ever). Although I have been lucky gaining employment, I am wondering how I go about having it removed from my criminal record check.

I am in NSW but went to court in QLD (June 2006). I got 2 years good behaviour (no jail sentence), paid the money back. I haven't been in trouble with the law since then.

I am wanting to do my nursing and I need a national police check and this will no doubt appear, so I am wanting to have it removed if possible.

Any help would be appreciated.

Thank you.
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Offences in QLD basically do get to a point where you can say you don't have any convictions after ten years if you were convicted in the Supreme Court or District Court and five years for other cases, unless you were ordered to pay restitution, and then until you have paid.

However, prosecutors, courts and certain jobs can still ask you to mention your criminal history, even if the requisite time has passed.

You may find your offence falls under the spend convictions scheme. There is some more information available from the link below:
https://www.qld.gov.au/law/crime-and-police/criminal-records-and-history-checks/criminal-records/
 

ezmarh

Active Member
29 September 2015
12
0
36
Thank you. I did find this information online however I was also looking for information on how to get it taken off my police check (if it's possible) as I will need a national police check for my nursing course

Again thank you for your time replying to my post.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
In QLD, after the requisite time discussed above, convictions become automatically spent. As such you shouldn't need to do anything to have it not show up on a police check. Just be aware in some cases if money is owed the time doesn't start until the debt is paid.
 

ezmarh

Active Member
29 September 2015
12
0
36
I have paid the money back to Centrelink Thank you very much for answering my question

Much appreciated
 

Lance

Well-Known Member
31 October 2015
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123
2,394
So just to clarify, the way I read it, your ten years most likely started from the date that you paid off the debt.
 

ezmarh

Active Member
29 September 2015
12
0
36
Oh you mean once the debt was paid off then my 10 years starts?

Bugger, then I'll be 50 by the time it's taken off. I have no idea. I wasn't told at all when the 10 years started. I assumed it started from the day I went to court. What was also weird is that the judge said I wouldn't have a conviction but when I did a police check it came up.

Do you know how I go about finding out all this information? How do I get a hold of my court transcripts?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Because this is so important to you with regard to your chosen career it might be a good idea to speak with a lawyer who can advise based on specifics of your case, they can obtain your court docs on your behalf and they may have additional methods of reducing the time, if the time you spent to pay restitution is included.

You can find a lawyer in your area at: https://lawtap.com/au/