Criminal Offences And Criminal Records NSW

Criminal law victoria

n this article we will discuss different consequences of having a criminal record in NSW.

Having a criminal record can have a significant influence on your future life. It may have an effect on your future employment opportunities and on your ability to visit certain countries. In this article we will discuss different consequences of having a criminal record in NSW.

Criminal Offences and Criminal Records

A criminal offense can range from a parking ticket or speeding ticket to murder and manslaughter, which are some of the most serious ones. Still, not everyone’s case will be classified as a criminal case, so they won’t show up on your record.

If you’re found guilty of an offence at court, the Judge will take a variety of factors into account before making a decision about your punishment. These factors include:

In New South Wales, a criminal record will include all criminal and serious traffic offences that you have been found guilty and convicted of in court, such as:

  • Sentencing 
  • Convictions
  • Findings of guilt
  • Driving with a disqualified license
  • Where the court implemented fines and jail terms

Can a Criminal Record Be Cleared?

A criminal record can be cleared under section 8 of the Criminal Records Act 1991 NSW (CRA), but certain conditions have to be met first. In Australia, most convictions can be erased after the crime-free period expires. 

A criminal record in New South Wales usually has to be cleared for 10 years, except if the prosecutor was convicted in juvenile court, where the waiting period is usually reduced to 5 years. There are certain requirements to meet before you can clear or spend a criminal record. This is called the Spent Convictions Scheme of Australia.

  • The person hasn’t been jailed for more than 30 months
  • An individual gets a pardon for something other than “wrongful conviction”
  • A “good behavior” or waiting period has expired without a conviction 

There are some crimes that can’t be cleared from a criminal record because of their nature and severity. Offenders include:

  • manslaughter
  • Murder
  • Sexual-related offences
  • Exploitation and abuse of children
  • offences against corporate bodies
  • aggravated driving offences
  • serious driving under the influence offences
  • speeding charges which are well above 45k

It is important to note that all states and territories may have varying rules and regulations regarding the Spent Convictions Scheme of Australia and it is important to be aware of their specific guidelines. 

What criminal offenses go on a criminal record?

Your criminal record will show if you plead guilty in court. For example, if you’ve been caught driving with a disqualified license, drinking and driving, or causing someone to get hurt, you’ll be charged with these offences. 

Convictions on your criminal record will stay on your record unless you got a special order like the Spent Convictions Scheme. If you get dismissed from a criminal charge, get not found guilty of it, or get an AVO, your criminal record might not show up on it. 

Is it a crime to commit a traffic offense?

The nature and severity of traffic offenses will determine whether it goes on your criminal record. In general, traffic offenses won’t appear on your criminal record if they don’t go to court. You might have the following traffic offenses on your record:

  • Negligent driving (if convicted in court)
  • Drink driving 
  • Driving under the influence of drugs
  • Driving whilst on suspension or probation
  • Being found guilty of a traffic offence whilst on a good behaviour bond
  • Driving with falsified documents

A driving record, on the other hand, will include all traffic offences that you have committed within your state in Australia. Your driving record will include all of your traffic offences. In your traffic record, you’ll see offences you’ve paid fines for, except for parking fines, and offences you’ve disputed in court where you’ve been found guilty and convicted. 

Traffic convictions will show up on your driving record, including

  • Name of the offence
  • Date of the offence
  • Details regarding the penalty received and the amount of the fine, if related. 
  • Any demerit points related to the offence
  • Any circumstance where Revenue NSW has cautioned an offence