VIC Police check

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Carlabadluck

Active Member
8 June 2020
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I granted a diversion from the magistrate this week due to my first offence, my age and that the offence was minor and non serious. I am still in great stress because my name and the court date l attended are still showing up on the search for my name in one of the daily newspapers. What is the benefit of the diversion if any employer can search my name and find out that I attended courts before? Any idea when the newspaper lists will vanish or will they stay on the web forever? Any idea how to remove it please?
The other question, when I can apply for a police check without worrying if anything will show up in it? Legal Aid thinks it’s better to wait for one month?
I am very sad and stressed, especially because of the newspaper result. Any advice or previous experience would be highly appreciated.
 

sammy01

Well-Known Member
27 September 2015
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There are different types of 'police checks'. I'm a teacher. So I have a working with children police check done on me every few yrs. Minor stuff like drink driving doesn't show. I'm you didn't get a conviction and as such it won't show up in a police check...
Random google searching for your name - yep, that could hang around. But I wouldn't worry too much. Any employer that won't employ you because of a news paper article that might not even be about you is not worth working for.
 
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Carlabadluck

Active Member
8 June 2020
9
0
31
Thanks Sammy for the replay. Yes, there was no conviction recorded whatsoever. Is there any way to remove the result of the newspaper as it show my name, the court and the date? Even by retaining a lawyer ?
Thanks again
 

sammy01

Well-Known Member
27 September 2015
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I wouldn't think there is a way to get google to remove content.
Look, very few employers are gonna knock you back based on name and court date because it would lead to a case of mistaken identity.... I share my name with a guy in the USA that killed 3 people...
 
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Carlabadluck

Active Member
8 June 2020
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31
Yes there’s no way with Google. I meant the publishing news paper, if there’s away they can be forced to remove their list?
Thanks for your time Sammy, greatly appreciated
 

Tim W

Lawyer
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28 April 2014
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....if there’s away they can be forced to remove their list?
Force them? No, there isn't.

While there is nothing stopping you asking them to remove it,
there's no way to, as you say, "force" them to.

Assuming you're an adult (and also that you were an adult at the time of the offence),
then reporting the factual news - which, yes can include the name of an adult - is fair game.
That the publication is embarrassing to you personally is neither here nor there.
And if something published is the truth, then it's not defamatory.
No, not even if you miss out on jobs because of it (even if you could prove it).
 
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Carlabadluck

Active Member
8 June 2020
9
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31
That’s explain well the situation. It’s weird because someone would wonder what the benifit of the diversion if it still showing up your name, the date and court name? However, I completely understand your valid points. Can’t say thanks enough for your precious time, Sammy. Really thankful and appreciated.
 

Carlabadluck

Active Member
8 June 2020
9
0
31
Force them? No, there isn't.

While there is nothing stopping you asking them to remove it,
there's no way to, as you say, "force" them to.

Assuming you're an adult (and also that you were an adult at the time of the offence),
then reporting the factual news - which, yes can include the name of an adult - is fair game.
That the publication is embarrassing to you personally is neither here nor there.
And if something published is the truth, then it's not defamatory.
No, not even if you miss out on jobs because of it (even if you could prove it).
Thank you so much Tim for your replay. Greatly appreciated
 

Ponala

Well-Known Member
10 February 2015
212
21
654
You still guilty as you have to admit the offence to get a diversion, you still committed the offence, you still went to court.

It won't show on a police record check as you don't have a conviction/finding of guilt recorded at court.