VIC Possible to have Criminal Record Expunged in Victoria?

[Soapsuds]

I'm in the same boat, have had to change my career of 20 years as a disability support worker and do a diploma of community service , that sector will tolerate people who have made mistakes. It's still very embarrassing having to disclose and talk about the stupid things you did to strangers who have your future in their hands. Thinking of moving interstate!

 

[Vic Toria]

Folks. I read up on this some time back and there is some light. As Victoria does not have a Spent Convictions scheme/legislation, Commonwealth law takes precedence.

There is a Commonwealth Spent Convictions scheme which you'd be well advised to read on. In essence though, after 10 years and you have not had any conviction recorded against you, you are not legally obliged to divulge that you have a record to any person or entity. This means you can legally deny having been arrested, charged or convicted of any crime.

There are some exemptions to this though - applying for jobs that involve law enforcement, prisoner management roles you must disclose any record. I also believe that any record for sexual offences, drug trafficking and organised crime will be disclosed no matter what.

For those applying for a simple retail job or admin job you can freely and legally answer no. On the police check form it will ask you if it is for employment. Tick this it will also ask you have you been charged with an offence in the last 10 years etc....

This will present a certificate that says you have No Disclosable Outcomes - meaning either there is no record to disclose or it is spent (but it wont stipulate that it's spent)

 

[chez.one]

Being able to tick no on an application and having an actual police check done are 2 different things though. A lot of larger companies request that employees provide police checks now.

I have been working in a reception role since my last post here, which is great... but, I am only able to work for smaller companies who aren't requesting a police check.

Every other state has the 10 year rule, but if you were charged with an offence in Victoria and apply for a police check in another state, your record is sent from Victoria! So even moving interstate will not make a difference. I just don't understand how every other state can offer leniency after 10 years, but Victoria can't.

 

[chez.one]

I'm in the same boat, have had to change my career of 20 years as a disability support worker and do a diploma of community service , that sector will tolerate people who have made mistakes. It's still very embarrassing having to disclose and talk about the stupid things you did to strangers who have your future in their hands. Thinking of moving interstate!

Exactly, it is hard enough to find employment

Hi I am in the same boat. Have you had any luck of getting it expunged?

No I haven't, but I haven't kept trying to be honest. It's not something I want to have to keep explaining, and being treated like a criminal over.

 

[Vic Toria]

Being able to tick no on an application and having an actual police check done are 2 different things though. A lot of larger companies request that employees provide police checks now.

I have been working in a reception role since my last post here, which is great... but, I am only able to work for smaller companies who aren't requesting a police check.

Every other state has the 10 year rule, but if you were charged with an offence in Victoria and apply for a police check in another state, your record is sent from Victoria! So even moving interstate will not make a difference. I just don't understand how every other state can offer leniency after 10 years, but Victoria can't.

Did you read anything I just wrote? They're not two different things.

It's all right there in black and white for you and you're still arguing it. If you took some time to read for yourself you'd come to the same conclusion.

I tried to help. Really don't know why I bothered. You carry on complaining about your life then.

Enjoy.

 

[chez.one]

Did you read anything I just wrote? They're not two different things.

It's all right there in black and white for you and you're still arguing it. If you took some time to read for yourself you'd come to the same conclusion.

I tried to help. Really don't know why I bothered. You carry on complaining about your life then.

Enjoy.

Did you read anything I wrote, in the original comments? I have applied, and received my police check, it does not make a difference! I have not been charged with any offence in more than 10 years... but I still had charges on my police check from 15 years ago!

 

[Mardi Sims]

I have an unlawful assault on my police check. The matter went to court and was proven but dismissed. I have since been employed by the government. If you explain your situation to a prospective employer during the interview, or when the police check is received by the employer, you might find that they use their discretion with your criminal history. Either way its best to come clean as honesty would always go in your favour to a prospective employer. Nobody is perfect!!

 

[Matcha]

I have an unlawful assault on my police check. The matter went to court and was proven but dismissed. I have since been employed by the government. If you explain your situation to a prospective employer during the interview, or when the police check is received by the employer, you might find that they use their discretion with your criminal history. Either way its best to come clean as honesty would always go in your favour to a prospective employer. Nobody is perfect!!

Hi, can you explain what you mean when you say that you have an unlawful assault that was proven but dismissed? Did you get found guilty and they removed the charge altogether? I have the same on my record and I can't appeal it as I was found guilty nearly a year ago.

 

[Mardi Sims]

Hi, can you explain what you mean when you say that you have an unlawful assault that was proven but dismissed? Did you get found guilty and they removed the charge altogether? I have the same on my record and I can't appeal it as I was found guilty nearly a year ago.

I refused the offer from police of an apology and a donation to the court, so I went before the judge who heard my story and then said 'I'm not going to make you apologise - proven but dismissed'. I had admitted to putting my hands on someone who was provoking me. I didn't hurt her. She decided 5 months later that she wanted me charged and as I had admitted in my statement that I put my hands on her it was therefore proven. However the charge was dismissed.

Apparently this will be on my record forever. I now work for the government however as I was able to explain the charge. The 'victim' was a neighbour to my business and gave me a lot of trouble over the 3 years I was her neighbour. The police were called several times and even they sympathised with me. She took my landlord to VCAT several times and was just a vexatious person who had nothing to do but make trouble for others. She had done the same thing to the previous business owner.

 

[Yesyesnono]

I, too, am in this position.

I've applied for a visa to bring someone in to the country as a sponsor. I have a conviction from under the age of 18 on my record (!?) over 22 years ago.

I'm going to assume, this would also impact my ability to work for the Federal Government in some capacity and I have been looking at federal jobs.

This is crazy. I'm in Victoria - anyone had luck with this?