NSW Criminal Record, Present Employment Retrospective Check

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Viclkx

Active Member
26 September 2019
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0
31
Hi Everyone,
I have one criminal record (shoplifting - fined $300) dated back in February 2007 (12 years ago) - thats the only criminal record I have. I have been working for my current company for over 2 years. Previously have worked in a hospital as well as other big corporations. However, I just received an email saying they will run a retrospective check (police check, identity check, and work right). I have never been asked if I have a criminal record or to provide a police check ever by any companies I worked for.
My question is: after some readings, especially on AFP website, it says that a criminal record becomes “spent” after 10 years (which mine has passed 12 years), and thats the only criminal record I have ever in my life.
1. Is that true that after 10 years, it becomes spent?
2. And also it says that it won’t appear on the police check anymore. Is that true?
3. Can the company I work for over 2 years fire me because I have a criminal record? (Again I have never been asked)
4. Can I seek a lawyer if they fire me?
Thank you in advance. Your inputs/ advise is highly appreciated.
VL
 

Rod

Lawyer
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27 May 2014
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1. Depends on type of crime. Shoplifting should be spent. If worried pay for your own check before the employer does one.
2. See 1.
3. Yes, but it would likely be an unfair dismissal.
4. Yes.
 

Viclkx

Active Member
26 September 2019
8
0
31
Thanks Rod.

1. When i extended my permanent residency last year, my migration agent did an NPC and surprisingly, it still shows on it (it was already 11 years that time. And that only 1 shoplifting record still shows up. Do you know why? Or is it because the purpose was for an immigration related?

thanks again.

1. Depends on type of crime. Shoplifting should be spent. If worried pay for your own check before the employer does one.
2. See 1.
3. Yes, but it would likely be an unfair dismissal.
4. Yes.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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2,894
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I do not know migration law and can't comment. Ask you migration agent.