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VIC Criminal Record - Early Removal of Conviction from a Police Check?

Discussion in 'Criminal Law Forum' started by MJMWRI, 19 December 2014.

  1. MJMWRI

    MJMWRI Member

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    I have a 'Drunk in Public' conviction in Victoria from May 2006. Can I have it removed from my National Police Check (for overseas Working Visa reasons)? I understand there is a 10 year 'spent conviction scheme' which should remove it from my record in May 2016 but I would like it removed earlier than that. Is there some way to have the record cleared (request its removal or to contest the original conviction to remove it)?

    I also remember leaving the Police Station with the impression that the time spent sobering up was the end of the matter. I was not aware that the case would go to court and I might get a conviction that would be on my criminal record. Legal Aid Victoria says that in these circumstances it is 'unlikely' that a conviction would be recorded, but I've seemed to end up with one anyway.
     
  2. Sophea

    Sophea Well-Known Member

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    I don't know of any way of expunging your record, other than waiting out the 10 years. If everyone were able to get an early release from their record, there wouldn't be much point having it. The purpose of the overseas consulate requesting your record is to determine what sort of person you are. I'm sure they will look at your criminal conviction in its context - i.e. 9 years old and evidently just a one off case of poor judgement. I don't know that a conviction would preclude you from getting the working visa.
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi MJMWRI,

    Further to what Sophea has said, the 10 year "expiration" does not actually remove the offence from your record. What it means is that when people request a copy of your record, anything past 10 years will not be disclosed on the record. Certain authorities (e.g. for working with children checks) still have power to request anything beyond the 10 years and if this is the case, your record beyond 10 years will show up.

    As far as I know, there is no way of requesting certain things on your record from being disclosed. The purpose of a background check is to find out adverse offences committed by the person you're checking.
     
  4. John R

    John R Well-Known Member

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  5. MJMWRI

    MJMWRI Member

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    Hi John, thanks for your inquiry. Great profile photo, by the way!

    Essentially I've given up. I researched quite a bit and it seemed the only way would be to request a rehearing of the original court hearing. This would be on the basis that I was not aware of the original hearing or not aware of the potential consequences of the conviction, then hope that the court would overturn the conviction in favour of a fine, charity donation, community service etc. It was in Melbourne and has to be reheard at the same court, and I've since moved away. On top of that , with the difficulty I was having getting info out of the police, I would have needed to hire a lawyer to help with it all. I wanted it removed for the purpose of working overseas from the beginning of 2016. The federal police check for overseas employment purposes only shows minor offences up to ten years old, so the record should not appar after May 2016 anyway. I figured that all the time, money and effort it was looking to take to clear the incident off my record wasn't worth it. I can work overseas from the start of next year in a country that doesn't require a police check, then look for work in a country of my choice (that does require a check) six months after. So that's pretty much it!
     

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