NSW Clearing Criminal Record

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Bec1985

Member
14 July 2020
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0
1
Hi,
In 2004 my husband was convicted of a high range DUI. He was issued a suspended sentence and never served any time in prison. He has not had any offences since. He recently had a police check done for new employment and after 16 years this offence is still on his criminal record.
Is there a way we can have this removed to avoid employment issues?

Thank you
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Perhaps you are in the realm of a thing called "spent convictions".

Have a read of this for starters
 

Bec1985

Member
14 July 2020
4
0
1
Unfortunately no. The suspended sentence was for greater than 6months so it can’t be “spent”
Thank you
 

sammy01

Well-Known Member
27 September 2015
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2,894
what sort of job is he applying for? I'd have thought this was a minor incident in the grand scheme and shouldn't exclude him from many jobs
 

Bec1985

Member
14 July 2020
4
0
1
I’d rather not say. For his privacy.
Is there a court process we can go through to remove this from his national police check?
 

Atticus

Well-Known Member
6 February 2019
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Is there a court process we can go through to remove this from his national police check?
Only way to NOT have this show up on a NPC is if the original conviction was later pardoned/Quashed