Looking for a job is a stressful time for most people, but even more so for those who have a criminal record. However, under Australian law, it is possible for your old convictions to stop showing up on a routine background check. It’s not some magic that makes old convictions disappear, but a law known as the Spent Convictions Scheme, a law meant to give ex-felons a second chance in life. Let’s have a look at how this scheme works.
What sort of offences are covered by the Spent Convictions Scheme?
First of all, let’s make one thing clear. Your old convictions do not disappear as such, they’re still there on your record, but they will not be disclosed when you undergo a background check. Basically, your potential employer won’t be informed of your past convictions so, in a way, it’s like they never existed.
The Spent Convictions Scheme refers to minor offences, those that carry a prison sentence of less than 30 months or those for which no prison sentence was imposed.
Also, keep in mind that certain offences of a sexual nature cannot become spent no matter the sentence.
What is the waiting period before a conviction becomes spent?
According to Australia’s Spent Convictions Scheme Rules, for adults the waiting period is 10 years, while for juvenile defendants it’s only 5 years. That way, the law allows youngsters who may have committed a minor offence as an unruly teenager to further their education and embark on a professional career without being burdened by a stupid thing they did.
In New South Wales, the waiting period is shorter, 5 years for adults and 3 for juvenile defendants.
While the scheme applies all over the country, Australian states have their own interpretations of the law. The main differences concern the moment the waiting period starts. In some states, the 10-year waiting period starts on the day a sentence is passed, while in others the waiting period begins the moment you are released from prison.
Many people wonder whether they have to do anything to have an old conviction spent.
The answer is no. The whole process is automatic. The moment you apply for a background check, if enough time has passed, an old conviction will become spent and won’t show up on your record. According to the law, you have the right to say you were never in prison if an old conviction has become spent.
However if you are applying for a role like a taxi driver job in Australia where you will have consistent and unsupervised contact with the vulnerable, then you can expect even some of the old (spent) convictions to appear for convictions that relate to the role.
How can you be sure what your criminal record looks like?
Since the regulations on the waiting period can be a bit confusing, former convicts sometimes wonder where their old offences are still on their record or not. This is a very sensitive issue when you’re looking for a job and are concerned you’ll be asked to undergo a pre-employment background check. To put your mind at ease you can do a background check on yourself using an online agency like Australian National Character Check – https://www.australiannationalcharactercheck.com.au/ which is commonly used all over Australia for easy to use software and online application forms. Most Australian businesses now use such online agencies, anyway.
Online agencies have the advantage that it’s very easy to order a police check on yourself. All you have to do is input some basic information and upload a photo. The result comes back in a couple of days and you’ll know exactly what your criminal record looks like.
