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NSW How to Have Charges Removed from National Police Check?

Discussion in 'Criminal Law Forum' started by ezmarh, 12 August 2016.

  1. ezmarh

    ezmarh Active Member

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    I was prosecuted by Centrelink for 'obtaining financial advantage' for the period back in 2004? Went to court in 2006. How long will this show up on a national police check and how do I go about getting it removed as my 10 years is up?

    I am wanting to Study as a nurse and I need a national police check.

    Any help would be much appreciated.
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi ezmarth, what was your sentence? Did you receive a term of imprisonment of less than 6 months?

    If not, the offence will likely become spent after 10 years and now show on your record. I'm not sure whether this would come under a NSW or Federal offence however Federal spent convictions are those for which sentence was less than 30 months in prison and NSW is 6 months.

    However the removal of a need to disclose the offence does not go away entirely: a spent conviction does not apply to some jobs including: a judge, magistrate, justice of the peace, police officer, member of staff of Corrective Services NSW, teacher or a teachers aid. Also, some crimes remain on your record forever - for example if you are sentenced to more than 6 monhts imprisonment or if its a sexual offence in nature.

    Check out this link for more info:
    http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0003/15195/Spent-Convictions.pdf
     
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  3. ezmarh

    ezmarh Active Member

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    Thank you for your reply. I was given 2 years good behaviour and to pay it back, which I have. I'm wanting to do my nursing and because I need a police clearance, I was wondering if it would still be on there.
     
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