NSW Can Criminal Record be Removed?

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Adam1user

Well-Known Member
5 January 2018
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Hello all,

I have a friend who had a car accident some time ago. He got afraid and drove off (I don't think he was at fault). As he was on P and had one point left (unwise decision). Anyway, to show that he was not the driver, he reported the car stolen.

Long story short, every thing came evident and he has a criminal record.

He wants to buy a business under his name, but because he has the criminal record he is not able to do it.

I told him about this site and he asked me to write about it and if we can get answers on how to remove the criminal record from his name. Is that possible? Or can he apply for section 10 ? What process or strategy can be used to prevent the criminal record showing formally?

Thanks,
 
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Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Hello All,

I have a friend who had a car accident some time ago, he got afraid and drove off (I don't think he was at fault) as he was on P and had one point left, (unwise decision), anyway, to show that he was not as driver, he reported the car stolen, long story short, every thing came evident and he had a criminal record.
He wants to buy a business to be under his name, but because he has the criminal record he is not able to do it.
Why not?
 

Adam1user

Well-Known Member
5 January 2018
573
32
2,219
Hi Tim,

I spoke with him briefly and that is what I understood is that he is not able to do certain aspects, he may not have clearly defined them to me, but the key point that we like to know, if a person has a criminal record, could it be removed? Does that depend on the reason why the person got the record?

In summary, he was in a car accident and left the accident site, so basically as I understood, he has these: leaving the site, hit and run, and report false car stolen. He may have others but I did not read his paperwork, this is from telling me,

Any pointers?

Thanks
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,241
748
2,894
Sydney
Hi Tim,

I spoke with him briefly and that is what I understood is that he is not able to do certain aspects, he may not have clearly defined them to me, but the key point that we like to know, if a person has a criminal record, could it be removed? Does that depend on the reason why the person got the record?

In summary, he was in a car accident and left the accident site, so basically as I understood, he has these: leaving the site, hit and run, and report false car stolen. He may have others but I did not read his paperwork, this is from telling me,

Any pointers?

Thanks
I suppose, he, like you, thought himself incapable of having an accident?

Much depends on the charge of which he was convicted,
and on what kind of work he wants to do.

Quite apart from being an offence, decamping from the scene of an accident
is the epitome of cowardice and selfishness.

Send him to a lawyer who can give him case specific advice.
He really has no alternative.
 

Adam1user

Well-Known Member
5 January 2018
573
32
2,219
I suppose, he, like you, thought himself incapable of having an accident?

Much depends on the charge of which he was convicted,
and on what kind of work he wants to do.

Quite apart from being an offence, decamping from the scene of an accident
is the epitome of cowardice and selfishness.

Send him to a lawyer who can give him case specific advice.
He really has no alternative.


Mate,
thanks for your comment and I will advise him to do so, but I wanted to get a point of view of whether it can be done or not. If it can not be done, then that saves couple hundred dollars for him.

I do want to comment on "like you, thought himself incapable of having an accident", I don't know why you keep referring back to this.
In my assessment for my situation, the risk of having an accident is very minimum and if it did happen (very high probability), the worst would occur is paint scratching from the vehicle and/or my scooter.
In my first comment for my situation, I did admit i was wrong and seeking section 10 (section 10 means that I admit to the matter and for circumstances, it will not be recorded as effective) , and you mentioned that I think I am a GOD, I really think you don't live in the current/real world. Are you freshly graduate from law school? or are you actually a lawyer?

I have spoken to two lawyers and both stated that I should get section 10, and one recommended to appeal if I don't get it. Just a recommendation to you: be realistic.

As for my friend, I did not say he thought he will not have an accident, I did state he left the accident site as he had one more point on his licence and thought that he would lose his licence, he panicked and drove off and acted the way he did, that is it, where did you get the idea that he will not have an accident? where did you read this? where do you get those ideas?
Just read the comments properly, they may have some funny wordings, as I type slower than thinking but that is not a court document, people may do mistakes in typing or speaking.... this is human nature!
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,241
748
2,894
Sydney
Mate,
thanks for your comment and I will advise him to do so, but I wanted to get a point of view of whether it can be done or not. If it can not be done, then that saves couple hundred dollars for him.
Not really.
Much depends on the facts, the circumstances, and his individual back story.
For example, running away from a minor scrape in a car park is different set of circumstances
to running away from a scene where people are injured or killed.
And if he's already down to one point, then he's obviously already got "back story",
or as lawyers and police call it, "antecedents".
Which is why he should get case specific advice.
I really think you don't live in the current/real world.
Think what you like.
Consider however, that I am not the one riding a scooter in his mid-20s and pretending to be an adult.
I have spoken to two lawyers and both stated that I should get section 10, and one recommended to appeal if I don't get it. Just a recommendation to you: be realistic.
Well then, what are you doing here?
 

Adam1user

Well-Known Member
5 January 2018
573
32
2,219
Not really.
Much depends on the facts, the circumstances, and his individual back story.
For example, running away from a minor scrape in a car park is different set of circumstances
to running away from a scene where people are injured or killed.
And if he's already down to one point, then he's obviously already got "back story",
or as lawyers and police call it, "antecedents".

Which is why he should get case specific advice.

That is what I want to know, if there is a chance or not and if it depends on the situation,


Think what you like.

I am not thinking as what I like, I am going by what you wrote, there is a basis for my comment.

Consider however, that I am not the one riding a scooter in his mid-20s and pretending to be an adult.Well then, what are you doing here?

I am 47 yrs old and have been riding for 7 years. I am careful and I had many near miss accidents with cars whom car drivers were irresponsible. If I am/were not careful I would have been hurt by now.
I am careful and my judgement is sound and I will defend my situation. As I stated from the start the law is the law and does not rely on common sense, therefore, I am asking section 10 and not disputing the infringement. So please don't judge people without knowing all the facts which you did not read from the start. I know that a lawyer /solicitor is careful when reading which it seems you did not do that.