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NSW Criminal Law - Possible to Remove Charge from Criminal Record?

Discussion in 'Criminal Law Forum' started by S_P, 5 January 2016.

  1. S_P

    S_P Member

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    Can I, somehow, in any way at all, apply to have a conviction of resisting / hindering the police removed from my criminal record from 11 years ago? This charge, while I am fully accountable for it, was a long time ago in a difficult period in my life and is now stopping me from getting a position I have worked hard to obtain. Is there any way under Criminal Law to get a pardon for 1 offense?

    I have a couple of misdemeanours that go with this like - crossing the road while the light green and offensive language but the resisting / hindering of police charge has totally put a stop to my future ambitions under the Australian Border Force Act...

    Please help.
     
  2. Tim W

    Tim W Lawyer

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    What penalty was imposed?
     
  3. S_P

    S_P Member

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    A fine and recorded conviction for said offences.
     
  4. Tim W

    Tim W Lawyer

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    And have you been otherwise offence-free during the time since?
    (the answer to that is only either "yes" or "no")
     
  5. S_P

    S_P Member

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    No, I'd be right in assuming that spent convictions will not apply until 10 years after the last offence? I was just hoping upon hope that maybe there could be a way to apply for a pardon against the one offence. I am quite content having everything else there as that's the way it goes. Thanks for your info Tim. Much appreciated your time. if there is any other info I'm open but it's just a case of deal with it I think :)
     
  6. Tim W

    Tim W Lawyer

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    A pardon (mentioned in your first post) is probably not in play.
    I was hoping that Spent Convictions might be an option,
    but it seems not - at least for the moment.

    In any event, a record of either or both of violence or dishonesty,
    and/or a personal history, of, say, using illicit substances,
    tend to be "negatives" when applying for jobs in government.
     

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