WA Old arrest charge does it show on my criminal record?

Discussion in 'Criminal Law Forum' started by Stuckkey, 7 July 2018.

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  1. Stuckkey

    Stuckkey Member

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    I was arrested over 25 years ago for shoplifting but the case was dismissed. Now I am applying for a gaming license and it asks "have you ever been arrested?" The state Police department will be doing a background check on me. Is this arrest going to show up on my record, or is it now sealed given how much time has passed?
    Thank you
     
  2. Tim W

    Tim W Lawyer
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    The price of peace of mind is about fifty dollars.
    Do one of those online record checks on yourself.
     
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  3. DMLegal

    DMLegal Well-Known Member

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    I would stay on the side of caution and just disclose the incident. If it is discovered you have not disclosed the arrest when you should have, it will say a lot more about your character than if you just disclose the offence. Plus I am unsure if you have stated the question verbatim, if you have 'arrest' is different to 'convicted' and the fact you were acquitted is irrelevant to the issue of being arrested.
     
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  4. Tim W

    Tim W Lawyer
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    I agree with @DMLegal above.

    I would add that in the pseudo-profession of HR ,
    there seems to be a growing trend to use terms like
    "arrested for" rather than the more relevant "convicted of".
     
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  5. DMLegal

    DMLegal Well-Known Member

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    Lol...psuedo-profession, I like that. Very true.

    I just checked the Application forms on the RGL (WA) site, can you confirm if this is the question you're referring to -

    "Have you ever been convicted of any offence (this means ALL offences including traffic, drug related and stealing
    offences but not traffic or parking offences dealt with by way of an infringement notice) either in Western Australia
    or elsewhere"
    ?

    I wouldn't disclose an arrest when answering this question if I were completing the form.
     
  6. Stuckkey

    Stuckkey Member

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    I have disclosed the arrest in my application I will post when I find out if I have been approved / denied. I have never broken the law (except for traffic infringements) and have decided that if I am not approved for telling the truth then I will just find a new profession.
     
  7. Tim W

    Tim W Lawyer
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    Disclosure tends to show good character.
    And if the charge was dismissed then there is no conviction to concern yourself with.
    Best of luck with your application.
     
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