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VIC Possible to have Criminal Record Expunged in Victoria?

Discussion in 'Criminal Law Forum' started by chez.one, 10 May 2015.

  1. chez.one

    chez.one Member

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    I was under the impression that after 10 years of not being charged with an offence meant that a criminal record would not be displayed on a national police check for employment, but have since been told that Victoria is the only state which it is left to police discretion. 15 years later, a charge I received for burglary and theft when I was 18 is still on my record and I'm unable to find employment due to the number of employers requesting police checks these days.

    Is there some way of applying to have this criminal record sealed or expunged? One stupid mistake when I was 18 and the fact that I reside in Victoria and not any other state in Australia and I'm branded a criminal for LIFE!
     
  2. Rod

    Rod Well-Known Member

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    How do you know the police released details of your >10 yr old conviction?
     
  3. chez.one

    chez.one Member

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    I had to have a police check for a course. I started the course under the impression that was well and truly behind me. But was unable to be put into placement because it was still on there.
     
  4. Rod

    Rod Well-Known Member

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    Maybe an oversight - call the police and tell them your situation, see what they say.
     
  5. chez.one

    chez.one Member

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    No. They told me that a criminal record is permanent. That's why I'm asking here to see if there's any way I can apply to have it expunged. I have been in positions of trust, banking, taking cash payments, voluntary work, etc. Surely there is some way to redeem myself?
     
  6. Rod

    Rod Well-Known Member

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    Send something in writing so there is a record of it. Send it to the Chief Commissioner. Their policy is supposed to be >10 years and convictions shouldn't show.
     
  7. John R

    John R Well-Known Member

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    Hi @chez.one,
    What type of work/roles are you applying for?

    Victoria does not have a spent convictions law to remove (also known as expunge) convictions from your criminal record after a period of time. Further information: Human Rights: On the record: What other relevant laws do employers have to comply with? (Chapter 3) | Australian Human Rights Commission

    That said, and following on from @Rod's suggestion, the Victoria Police's Information Release Policy [PDF] provides a good summary on the information that will be shared on your National Police Certificate (that is, your criminal record).
    If you dispute the information on your National Police Certificate, you should contact the Manager, Public Enquiry Service at Victoria Police.

    Related article from The Age in 2012: Convictions a matter of record - but for how long?

    Please keep us updated with your progress. Hope this helps!
     
  8. chez.one

    chez.one Member

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    Reception/Admin is what i am really hoping to do. There was a receptionist position with a company I had worked for in the past, but they have included police checks as part of their eligibility criteria now so I was unable to apply.
    Even for positions at Aldi (supermarket chain) and cleaning, which I have also done before, they all require police checks. I'm currently out of work (since last month) and fear that its going to be really hard to find employment.
    Okay, I will see how I go sending in a letter.
    I have read the age article. I will have a look at the others.
    Thanks for your quick replies.
     
  9. Heids15

    Heids15 Member

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    Hi I am in the same boat. Have you had any luck of getting it expunged?
     
    gerdie likes this.
  10. gerdie

    gerdie Member

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    Hello, I'm in the same boat, also. Records are nearly 20 yrs old. I've completed 4 months of placement in nursing but now employment is hard and embarrassing.

    I've worked in nursing in WA for 4 years and no one blinked an eyelid and had no problems whatsoever. It's so unfair. It's the ones without records that are doing harm and damage to clients but continue to get work when I'm struggling and am an excellent nurse.
     

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