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VIC Clearing Convictions from Criminal Record in Victoria?

Discussion in 'Criminal Law Forum' started by LMM, 18 November 2014.

  1. LMM

    LMM Member

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    Back in year 2000 (aged 19 in Victoria) I was charged with stolen car theft because my friends stole a car. We sat in for a joyride and they dumped the car at the nearby creek and ran off. Police were driving nearby and caught one of my friends and we all went to the police station the next day. Because I didn't want to be in any further trouble, I told the police officer the whole truth because the others couldn't get their stories straight. I was charged under criminal law and let off with a behavior bond by the court. I'm embarrassed about that decision that I made and to have that charge next to my name and a criminal record.

    To apply for proper employment is hard. Is there any way I could get my record cleared?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi LMM,

    There is no way to "clear" your criminal record per se, except for allowing for the passing of time.

    Police maintain the LEAP database which contains records any involvement of an individual with the criminal justice system in Victoria. Your criminal history will generally include results of any hearings in the Magistrates Children, Country or Supreme Courts even if you are found not guilty. Any record of you being charged with an offence but the matter proceeding as a "diversion"will also be recorded.

    As you are aware, employers may request to see your criminal record if you give them permission to do so, however police generally do not release this information to employers unless:
    • you got a conviction
    • you got a jail sentence (or suspended sentence)
    • you were found guilty of the offence less than ten years ago.
    However it depends on the job and how old you were at the time of the offence.

    In general a Victorian criminal record is available for:
    • ten years from the date you were sentenced (if you were 18 or over); and
    • five years if you were under 18 at the time of sentencing.
     
  3. Sophea

    Sophea Well-Known Member

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    FYI though, findings of guilt resulting in a good behaviour bond are considered to be findings of guilt and will be released under Victoria Police policy.
     
  4. LMM

    LMM Member

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    So there is nothing I cando to clear it?
     

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