NSW Is Larceny Offence a Spent Conviction?

[iceblueboy]

Hi,

I committed a small offence, larceny - $50 when I was 19. I pleaded guilty and paid fines. I'm now 41. Would this now be a spent conviction and not appear if I was to get a job within the government?

It has never been mentioned when applying for visas. I never applied for it to be "spent". Not sure if I had to or if I need to do this now.

I am just hoping it won't affect my future employment if I apply for a role within a state government department.

Curious...

Thanks.

 

[Sophea]

Hi iceblueboy,

The spent conviction scheme essentially limits the disclosure of previous criminal convictions, meaning that if you have committed a crime in the past, it will no longer show up on your criminal record and you don’t have to disclose it to anyone, either within Australia, or overseas. The time frame for a spent conviction is 10 years.

In NSW, an offence can become a spent conviction and will not appear in ordinary criminal history checks if you do not re-offend within the required time frame (10 years). However there are exceptions, where the conviction will not become spent after 10 years, this includes:

• If you were sentenced to more than six months imprisonment
• Conviction was against companies and other corporate bodies
• Sexual offences under the Criminal Records Act 1991

Just because a conviction is no longer part of your criminal record, it doesn't mean all records of it will disappear completely. The conviction will still be recorded on your criminal history maintained by NSW Police and may continue to be disclosed:

1. If you apply for a jobs as a judge, magistrate, justice of the peace, police officer, member of staff of Corrective Services NSW, teacher or teacher's aide, a casino employee, or child care worker.
2. If you apply to be admitted as a lawyer in NSW.
3. If you apply for certain jobs with the Police Integrity Commission, NSW Crime Commission Office of the Director of Public Prosecutions, Independent Commission Against Corruption (ICAC), or as a Crown Prosecutor.
4. If you apply for a position in firefighting or fire prevention and you have been convicted of an arson or attempted arson offence.
5. If you apply for a security licence.
6. If you apply for a permit to possess or use a prohibited weapon.
7. If you are under 18 years and you apply for a firearms license or permit.
8. If you are sentenced for another offence.

So depending on whether or not you were imprisoned for the offence and what sort of job you are going for in the government role, it may or may not end up being disclosed.

 

[iceblueboy]

Thank you so much! Have a great weekend. This information has been a lifesaver and been on my mind for years