QLD Can I Have Police History Expunged?

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Chris Ison

Active Member
13 February 2017
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I was going to be a witness in a case, and through that process I found out the other side had a copy of my police history and were going to use false allegations that weren't followed by legal proceedings to discredit the information I had to offer.

Is it possible to expunge false information on police record that didn't lead to legal action? And if so what steps do I need to do this?
 
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Sophea

Guest
Are you talking about information aside from your criminal record, information that did not lead to an arrest or conviction? If they attempt to use any baseless allegations like that, the court will see through it and will not give any weight to such evidence. There are limitations on how a person's history can be used to discredit him or her in court.
 

Chris Ison

Active Member
13 February 2017
5
1
31
Yes baseless allegations that did not lead to arrest or conviction. Some of them are quite serious allegations and I was informed the other side were going to use the serious baseless allegations in regards to character to refute my evidence.

Since my role in a community organisation means I could be called to give evidence, how do I get these baseless allegations removed from the police record to prevent them from possible future character assassinations?
 
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Sophea

Guest
I don't know that you can, since generally the public should not be able to access them. Most criminal convictions can be expunged or spent after a period of time to free a person from having to disclose them and bear the consequences however other information on your "police file" is not an official record and essentially means nothing because its not a conviction is simply an allegation which has not been determined as true and has clearly not been pursued by police which indicates its baseless.

I don't know how you would go about altering this information, perhaps you could call the police station involved. How did the people obtain this information, are they among those who made the allegations?
 
S

Sophea

Guest
I'm not sure on this but I wouldn't have thought you would have the right to alter the police record of information that was not provided by you. If the information you want to change was provided by someone else and recorded by the police, it's not yours to change its the police's records of events that occurred.
 

Chris Ison

Active Member
13 February 2017
5
1
31
It is on my record though, and may be used to discredit character when giving evidence. They are baseless accusations.

Does that mean anyone can allege anything, police record that on my record, and there is nothing I can do to have it removed? And then later on have that information used to discredit character.
 

Rod

Lawyer
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27 May 2014
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Have a talk with the police prosecutor for your case. It is in their interests that you are seen as a credible witness.

In Victoria there are rules around admissibility/inadmissibility of this kind of evidence, not sure what the situation is in QLD.
 

Iamthelaw

Well-Known Member
13 September 2016
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I agree with the suggestion @Rod has made above. Speak to the prosecutor.

I don't appear in Qld, however on having a very quick look at the Qld Evidence Act:

Section 16 allows Counsel to cross examine a witness regarding their previous convictions. It also grants Counsel the right to, if said witness denies the conviction, the opportunity to prove it.

Section 20 is of relevance as it relates to cross examination as to credit of a witness. The section sets out that the question(s) won't be allowed if the matter: is so remote in time, or of such a nature an admission of truth wouldn't materially affect credit of witness.

You've mentioned that you have no convictions, in fact you say that all that appears are supposed allegations that didn't even result in an arrest - I can't see that sort of evidence getting in.