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NSW How to Remove Conviction from Criminal Record?

Discussion in 'Criminal Law Forum' started by ezmarh, 19 October 2016.

  1. ezmarh

    ezmarh Active Member

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    It has been 10 years since I was convicted for Centrelink fraud (biggest mistake ever). Although I have been lucky gaining employment, I am wondering how I go about having it removed from my criminal record check.

    I am in NSW but went to court in QLD (June 2006). I got 2 years good behaviour (no jail sentence), paid the money back. I haven't been in trouble with the law since then.

    I am wanting to do my nursing and I need a national police check and this will no doubt appear, so I am wanting to have it removed if possible.

    Any help would be appreciated.

    Thank you.
     
  2. Lance

    Lance Well-Known Member

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    Offences in QLD basically do get to a point where you can say you don't have any convictions after ten years if you were convicted in the Supreme Court or District Court and five years for other cases, unless you were ordered to pay restitution, and then until you have paid.

    However, prosecutors, courts and certain jobs can still ask you to mention your criminal history, even if the requisite time has passed.

    You may find your offence falls under the spend convictions scheme. There is some more information available from the link below:
    https://www.qld.gov.au/law/crime-and-police/criminal-records-and-history-checks/criminal-records/
     
  3. ezmarh

    ezmarh Active Member

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    Thank you. I did find this information online however I was also looking for information on how to get it taken off my police check (if it's possible) as I will need a national police check for my nursing course

    Again thank you for your time replying to my post.
     
  4. Lance

    Lance Well-Known Member

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    In QLD, after the requisite time discussed above, convictions become automatically spent. As such you shouldn't need to do anything to have it not show up on a police check. Just be aware in some cases if money is owed the time doesn't start until the debt is paid.
     
  5. ezmarh

    ezmarh Active Member

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    I have paid the money back to Centrelink Thank you very much for answering my question

    Much appreciated
     
  6. Lance

    Lance Well-Known Member

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    So just to clarify, the way I read it, your ten years most likely started from the date that you paid off the debt.
     
  7. ezmarh

    ezmarh Active Member

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    I'm assuming so I wouldn't have a clue. The debt was paid off 2 years ago
     
  8. ezmarh

    ezmarh Active Member

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    Oh you mean once the debt was paid off then my 10 years starts?

    Bugger, then I'll be 50 by the time it's taken off. I have no idea. I wasn't told at all when the 10 years started. I assumed it started from the day I went to court. What was also weird is that the judge said I wouldn't have a conviction but when I did a police check it came up.

    Do you know how I go about finding out all this information? How do I get a hold of my court transcripts?
     
  9. Lance

    Lance Well-Known Member

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    Because this is so important to you with regard to your chosen career it might be a good idea to speak with a lawyer who can advise based on specifics of your case, they can obtain your court docs on your behalf and they may have additional methods of reducing the time, if the time you spent to pay restitution is included.

    You can find a lawyer in your area at: https://lawtap.com/au/
     
  10. ezmarh

    ezmarh Active Member

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    Thank you for your help and taking the time out to reply
     

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