VIC How to Get Charges Expunged from National Police Check?

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AMPaul

Active Member
7 December 2014
7
2
31
Dear Sir/Madam,

Approximately 6 years ago, my Japanese wife utilised the family court system in Victoria to enable her to abduct our three children to Japan without my knowledge or intervention. She made claims that I threatened her, and the police intervened. Within a matter of days, she had left Australia for Japan with our three kids.

I was too devastated with the loss of my children, the end of our 17 plus year relationship, the emptying of out bank accounts, and the emptying of our rental property of all chattels. My life had just ended, and I really didn't care what was being done to my by an over-enthusiastic policewoman. This policewoman subsequently (a month or so after the fact) arrested me, and charged me with making death threats.

I ended up having to appear in the Magistrates Court in Melbourne, Vic. The Magistrate, after looking at and weighing up all before him, told me that I was "free to go, without conviction".

Apparently, this finding still allows the Victorian Police to put the charges brought against me on any National Police Check. Without conviction, doesn't mean you have a clean record in Victoria.

My question is this.

If the Magistrate says that I was "free to go, without conviction" why are the Victorian Police allowed to tarnish my name forever? I do not have a conviction, I have never ever been in trouble with the law in my entire life till then.

I know I did nothing to defend myself at the time, due to being totally devastated and emotionally shattered by what my ex wife did to me, but is that a reason to have this blemish permanently on my record?

I served no time, never ever been to jail. I have no recorded conviction either. This does all seem a little unfair from where I am standing.

Can anything be done to stop this from being a smear against my name? Can I have the police record of this quashed, expunged? Or will it stay there forever?

With many thanks
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
Paul

Unlike other States findings of guilt remain on your record forever even if no conviction recorded.

If you apply for a jog or travel overseas and are asked if you have been convicted then the answer is no. If you are asked if you have been found guilty of an offence then the answer is yes.

This is how it is until the laws are changed.
 

AMPaul

Active Member
7 December 2014
7
2
31
Paul

Unlike other States findings of guilt remain on your record forever even if no conviction recorded.

If you apply for a jog or travel overseas and are asked if you have been convicted then the answer is no. If you are asked if you have been found guilty of an offence then the answer is yes.

This is how it is until the laws are changed.
Dear Tony,

I thought as much, but thanks for the confirmation.


Appreciated.

Best wishes and many thanks.
 

Yesyesnono

Member
23 May 2018
3
0
1
What about something, over 20 years ago, when someone was underaged? I have something on mine from when I was 17, it's crazy.

Hope this helps someone, because I'm after a partner visa, for the dept of immigration. The type of AFP check I have is "complete disclosure" and this will come up on the check, even if I was in another state. This isn't just a "Victoria being mean" thing (if you Google, many instances of Victoria having unfair data release laws for police checks, as I've just discovered in the last 30 minutes).

I'm pretty unimpressed for a 22-year-old charge. I'm going to assume this would impact me working in some industries.