NSW Criminal Record - Apply to Get Conviction Spent?

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Lmruss

Member
27 May 2017
4
0
1
Changing career paths, I have just completed my certificate 3 in Aged Care and Disability Support. I suffer from bipolar and depression. I knew that I would have trouble in finding a job as I have a criminal record. I have a larceny and 12 dishonesty charges from 1 offence. 1 common assault both dating back to 2013. 1 Possession of prohibited drug charge dating back 2012.

I'm in recovery and have completed rehab 2014. I obtained police facts sheets of common assault and drug possession charges to show the seriousness of each offence (Not serious and would not even call them an offence). Anyway I have heaps of evidence to support my case. I do understand and respect that organisations have policies to apply by to protect clients welfare.

I have applied for a number of positions which all were promising until my criminal record comes up. I'm heartbroken I've not been given a chance. It's really making me feel worthless. I've worked hard in my recovery and course to get where I am now but starting to feel it's been a waste of time and should just give up and save my self the disappointment and embarrassment.

I have read up on getting a conviction spent. Is there a chance for me and should I apply? How do I apply and what's the process? Can anyone relate to my case or any help?

Would be greatly appreciated. Thanks
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

Well you're not worthless, but unfortunately in the current job market, employers aren't really struggling for options so they all seem to have very stringent testing and background checking systems. I have researched this a few times and haven't managed to find a way to have a criminal record expunged. Even after the 10 year time frame to have convictions spent some can still appear, such as crimes against children appearing on a working with children's check. Unfortunately you have chosen a career that has a fairly strict background check.
 

Lmruss

Member
27 May 2017
4
0
1
Thank you for your reply. I'm starting to get a bit lost with everything I've been reading on criminal law. Some sites say you can and some say you can't. I do know you can't with serious offences like child abuse, murder so on. I accept I was in the wrong but my charges are actually very petty crimes. Should I go speak to a lawyer and see what they have to say or is that a waste of time?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
I think going and seeing a lawyer would be a good idea for you. They may have a way that you could appeal the court, I'm still not sure they can but for the price of a consult it would give you piece of mind and if you can, it would be worth it.
 

Matcha

Member
25 August 2017
2
0
1
Changing career paths I have just completed my certificate 3 in aged care and disability support. I suffer from bipolar and depression. I knew that I would have trouble in finding a job as I have a criminal record. I have a larceny and 12 dishonesty charges from 1 offence. 1 common assault both dating back to 2013. 1 Possess prohibited drug charge dating back 2012. I'm in recovery and have completed rehab 2014. I obtained police facts sheets of common assault and drug possession charges to show the seriousness of each offence. (Not serious and would not even call them an offence) anyway I have heaps of evidence to support my case. I do understand and respect that organisations have policies to apply by to protect clients welfare. I have applied for a number of positions which all were promising until my criminal record comes up. I'm heartbroken I'm not been giving a chance. It's really making me feel worthless. Iv worked hard in my recovery and course to get where I am now but starting to feel it's been a waste of time n should just give up and save my self the disappointment and embarrassment. I have read up on getting a conviction spent. Is there a chance for me and should I apply. How do I apply and what's the process. Can anyone relate to my case or any advice Would be greatly appreciated. Thanks

Hi,

I just want to know how you went with all of this? I'm currently studying nursing and things aren't looking great. I don't think I can even getting a placement in aged care for me to even compete the course. My charge was unlawful assault against my ex partner and breach of intervention order. I'm wanting to somehow get it lifted as I also have a long history of mental health issues and my ex partner has a long history of domestic violence against me, which unfortunately wasn't taken into consideration.

The magistrate didn't even open his police file which my barrister subpoenaed. The breach of intervention order was accidental breaches that my ex partner had intentionally set up. Unfortunately it didn't matter as it was up to me to not breach the order and there was no onus on him. I was found guilty with no conviction recorded but it still comes up on the police file. I'm at a loss as to what to do.

I need to move on from that saga but I still feel like I'm trapped in an abusive relationship as I'm blocked at every corner from moving on from my life.
 

Lmruss

Member
27 May 2017
4
0
1
Hi, I spoke to a lawyer and seen a magistrate and No it can't be lifted. I was lucky enough to do my placement in my local community. That's as far as I can go. I was told to go choose another career path very bluntly. They are very strict with there employees now which that's understanding as it's a risk factor they can't take. I thought I set myself up to fail, but I have to tell myself things happen for a reason so I'm researching my other career options, which will be better suited to my situation. Don't give up on yourself and stay strong and keep moving forward. I know it fells like the past will always be with you but a door will open for you. Best of luck.