What is a criminal record in Australia?
Your “criminal record” is not a single national file that anyone can browse. Different organisations can access different information for legitimate purposes. When most people say “criminal record”, they mean what would be disclosed on a Nationally Coordinated Criminal History Check (police check) or what an employer/licensing body will see when they lawfully request a check.
What can be on a criminal record
- Convictions recorded by a court
- Findings of guilt without conviction (e.g. where no conviction is recorded)
- Some pending charges and court appearances
- Breaches of certain court orders (e.g. a breach of a protection order is a criminal offence)
What is shown can change depending on the type of check, the job or licence applied for, and state/territory law. Civil orders themselves (like AVO/IVO/DVO) are generally not disclosed on a standard police check unless breached, but sector-specific screening may assess broader information.
Important: Rules differ between states and territories. This page is general information only. Get advice for your state or territory if a decision may affect your job, licence or visa.
Police checks: what shows and why
Most employers and licensing bodies use a Nationally Coordinated Criminal History Check through an ACIC-accredited provider, or a state/territory police-issued certificate. The result lists disclosable court outcomes.
Usually disclosed
- Convictions and some findings of guilt
- Serious offences that are never “spent”
- Pending charges and court appearances (context-dependent)
Usually not disclosed
- Spent convictions (unless an exception applies)
- Withdrawn, quashed or mistaken entries (once corrected)
- Civil protection orders themselves (unless breached)
Common disclosure exceptions
Even if an offence is “spent”, it can still be disclosed for certain roles and checks, for example:
- Working with children or vulnerable people screening
- Law enforcement, courts, corrections, national security roles
- Firearms, security, and certain professional registrations
- Some immigration and visa processes
Spent convictions explained (by state and territory)
Spent convictions schemes limit disclosure of older, less serious offences after a waiting period if there is no further offending. Timeframes and rules are not identical across Australia.
| Jurisdiction | Key law | At a glance |
|---|---|---|
| Commonwealth | Crimes Act 1914 (Part VIIC) | Framework for non-disclosure in many federal contexts |
| NSW | Criminal Records Act 1991 (NSW) | Automatic non-disclosure after a qualifying crime-free period |
| VIC | Spent Convictions Act 2021 (Vic) | Spent scheme with automatic and application-based pathways |
| QLD | Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) | Limits disclosure after a rehabilitation period |
| WA | Spent Convictions Act 1988 (WA) | Includes applications to have convictions declared spent |
| SA | Spent Convictions Act 2009 (SA) | Spent scheme, with exclusions for certain offences |
| TAS | Annulled Convictions Act 2003 (Tas) | Convictions can be annulled after set periods |
| ACT | Spent Convictions Act 2000 (ACT) | Non-disclosure rules with defined exceptions |
| NT | Criminal Records (Spent Convictions) Act 1992 (NT) | Spent scheme with offence exclusions |
Typical waiting periods are often around 10 years for adults and 5 years for young people, starting after the sentence or order is completed. Some offences and sentence types can never become spent (for example, specific sexual offences or imprisonment above certain thresholds). The details differ — get advice for your situation.
How a criminal record affects jobs, licences and travel
Employment and volunteering
- Some industries have mandatory checks (e.g. healthcare, education, finance, security)
- Employers must comply with anti-discrimination and privacy laws but can assess relevance to the role
- You can generally explain context and rehabilitation; consider references and evidence of training or counselling
Licensing and registration
- Security, firearms, rideshare/taxi, gaming, liquor, real estate and others have suitability tests
- Spent convictions may still be considered in some regimes
- Provide accurate disclosures to avoid refusal for non-disclosure
Travel and visas
- Some countries restrict entry for certain offences or if you have a criminal history
- You may need to apply for a visa and disclose your record instead of using a visa waiver
- Migration rules change frequently — obtain current guidance before booking travel
Fixing mistakes on your police check or record
Errors occur when old data isn’t updated or charges were withdrawn, dismissed, or quashed. You can request a correction.
- Identify the source: the ACIC-accredited provider or the state/territory police that issued the check.
- Gather documents: ID, the police check, and proof (court order, withdrawal notice, appeal outcome).
- Lodge a dispute/correction request through the provider or the relevant police records unit.
- Follow up within their stated timeframes and keep copies of all communications.
If your state allows applications to have a conviction spent earlier, you’ll need supporting material (references, rehabilitation steps, employment impact, offence details). A lawyer can help frame the application and evidence.
Costs and how to choose the right help
Typical costs
- Police check (standard): commonly $45–$90 depending on provider and processing speed
- Initial legal consult: often a fixed fee credited toward further work if you proceed
- Record dispute or spent application: quoted based on complexity and documents needed
Free and low‑cost options
- Legal Aid and community legal centres (eligibility applies)
- Aboriginal and Torres Strait Islander legal services
- University legal clinics for limited matters
Compare your next steps
- Do a police check first to see what is actually disclosed
- Ask a lawyer to assess spent eligibility and disclosure exceptions for your role or licence
- Prepare references and rehabilitation evidence to support explanations or applications
Criminal record FAQ (Australia)
When does a finding of guilt appear without a conviction?
Courts can find guilt but choose not to record a conviction. It can still be disclosed in some circumstances, depending on the check type and local law.
Do I have to tell an employer about my record?
Only when it’s lawful and relevant to the role. If a check is required, provide accurate information. Non-disclosure can cause refusal even where the offence itself might not have disqualified you.
How long do pending charges show?
Pending matters can be disclosed until they are resolved. The outcome (conviction, dismissal, withdrawal) then governs future disclosure subject to spent rules and exceptions.
Can I speed up a spent conviction?
Some jurisdictions allow applications to have a conviction spent or its disclosure limited sooner. Others are automatic only. A local lawyer can confirm the best pathway.
Will traffic offences show?
Serious traffic offences that go to court can be disclosed. Minor infringements (e.g. demerit notices) usually are not unless they formed part of a court outcome.
Free help with criminal record questions
Use the form if you want help understanding your record, what will show on a police check, spent conviction eligibility, or to compare lawyer quotes near you.