SA Criminal Record - What To Do With Dismissed Charge?

[kyliemitch]

I have a dismissed charge showing on my criminal record screening check which is now preventing me keeping my job. What can I do?

 

[John R]

Hi @kyliemitch
Which state/territory are you located in?

 

[kyliemitch]

Hi @kyliemitch
Which state/territory are you located in?

South australia

 

[John R]

1. In most Australian jurisdictions, a National Police Check (also commonly known as a National Police Certificate or abbreviated as NPC) generally includes only "unspent" convictions and but does not include dismissed charges (that were unproven and subsequently, no guilt proven or conviction recorded).
2. I understand that the South Australian Police Police Check (SAPOL PC) differs from the NPC and does include dismissed charges. Please see the South Australian Legal Services Commission's page on "Criminal records" for further information.
3. I'm unsure as to the specific type of police check that was requested by or supplied to your employer or whether your current employment requires a more in-depth police check because of probity/trust, etc. requirements. Are you able to provide any further information about the offence, the case history and your employment?
4. In South Australia, employers can generally discriminate against employees (or prospective) employees on the basis of their criminal record. You may consider reviewing the Australian Human Rights Commission's (AHRC) page on "Discrimination in Employment on the Basis of Criminal Record".

Hope this helps! Please keep us updated with your progress.

 

[Rod]

In South Australia, employers can generally discriminate against employees (or prospective) employees on the basis of their criminal record.

I have thought that a dismissed charge is NOT a criminal record and therefore cannot be used by employers as a basis for discrimination. To me, a criminal record should only contain convictions. And doesn't Federal Law override state law, so if the Federal Law defines criminal record then it has precedence over any state definition?

 

[John R]

Hi @Rod,
Its an interesting area. In summary:

1. a "criminal record" generally lists only unspent convictions.
2. a "criminal history" generally contains much more information and this is relevant for some employment roles, e.g. police, working with children, working in a bank, etc.

Hopefully @kyliemitch can provide more information on the type of police check that was obtained.

 

[APT]

In WA you can apply to have all of your convictions spent... I do not see how a 'nolle prosequi' can show up as a 'charge'.. It was dismissed so that would imply that the matter was not pursued... so cannot be 'listed as a conviction' 'on the record'... Maybe SA is a bit different.. I would find out about getting it spent off your 'criminal history'.