The Law Handbook 2024

Chapter 3.9: Understanding criminal records 241 Commission that conduct checks of criminal records for a fee. What will my record show? Your national police check will show your disclosable convictions for criminal offences, including where you were found guilty of an offence, the date of the offence, the offence for which you were found guilty, and the outcome. Spent convictions schemes control what criminal records can be disclosed by police when you ask for a police check. Certain information will not be disclosed on your police check: • a spent conviction for a Victorian offence (unless an exemption applies or you have requested a personal use check under Freedom of Information laws); • an interstate or Commonwealth conviction that is spent under that state, territory or the Commonwealth’s spent convictions laws (unless an exemption applies). The police check will not have your spent convictions on it unless the employer or agency has an exemption to receive that information. There are exemptions for: • law enforcement agencies to collect, use and disclose spent conviction information so they can perform their functions; • courts and tribunals; • child protection, and child safety and wellbeing; • working with children checks; • disability worker accreditation or registration to work in certain industries; • licences and registration. The full list of exemptions can be found in the Spent Convictions Act 2021 (Vic) and Spent Convictions Regulations 2021, or via the Department of Justice and Community Safety website (www.justice.vic.gov. au/spent-convictions) . What will my record not show? Your police check usually does not include: • not guilty outcomes; • charges withdrawn (‘dropped’) by the police; • on-the-spot fines and infringement notices that do not go to court (whether or not paid); • Infringements Court orders; • police cautions; • details of a case dealt with under the Magistrates’ Court diversion program; • intervention orders (but breaches of such orders may appear); • Children’s Court care/protection orders; • mental health involuntary orders or community treatment orders; • details of detention under migration laws; • an order that you pay a civil debt; • cases prosecuted by agencies or individuals other than police (e.g. local councils); • details of occupational or professional disciplinary action; and • overseas court cases. Remember that different information will be disclosed depending on whether you apply for your records for your own personal information, or for the purposes of seeking employment, voluntary work or occupation-related licensing and registration. Diversion It is possible to avoid a criminal record by participating in the Magistrates’ Court diversion program. Successful completion of a diversion program means that a person is not found guilty of the offence (s 59 Criminal Procedure Act 2009 (Vic)). The record of the offence will not be included in a police check for employers unless exemptions apply. Disputing a police record If you believe that criminal history information on your Victoria Police National Police Certificate is incorrect, Victoria Police has a dispute resolution process that you can use. Write to the Manager of Public Enquiry Services at Victoria Police (GPO Box 919, Melbourne 3001) or via email (policecheckvic@police.vic.gov.au) . You may be required to provide comparison fingerprints in some circumstances to enable resolution of the dispute. Driver history records Driver history records issued by VicRoads are different to police checks. Driver history records will show driving convictions which are spent. Your