NSW Spent Conviction in NSW

[Viclkx]

Hi All,
Is spent conviction in NSW automatically removed after 10 years from criminal record (when I obtain a NPC)? Or I have to do something to remove it? My conviction was 12 years ago but when I extended my Permanent Residency, and applied for a NPC, my 11 years criminal record is still listed there. Shouldn’t it be removed and not disclosed anymore?
Thank you all.

 

[Scruff]

Not all convictions can be spent. Any conviction where the penalty was more than 6 months imprisonment can not be spent and neither can convictions for certain types of offences (regardless of the penalty). If your conviction can become spent, then it would happen automatically after 10 years.

But this is unlikely to be a matter about spent convictions. You're talking about permanent residency and I believe that is something that would be determined by the Department of Immigration. Some authorities have access to your full record (including spent convictions) and Immigration is one of them.

So to put it simply, whether a conviction is spent or not is irrelevant when it comes to immigration matters.

 

[Viclkx]

Thank you for replying.
It was a shoplifting ($300 fine for items worth $20) back in 2007. No imprisonment. I paid the fine instead of going to court.
But after I did lots of readings online, most say that mine should be spent where again when I obtain an NPC last year (11 years post my conviction), the record still there.
I asked one of the immi officer, and she said different code gives different result (when applying for an NPC). Am a bit confused :-(
Thank you all.

 

[Scruff]

I asked one of the immi officer, and she said different code gives different result (when applying for an NPC).

That's correct. National Police Checks (NPC's) are conducted by the Australian Federal Police (AFP). When a person applies for an NPC, whether it's an individual, employer, government agency, etc, they need to provide the reason for making the application. Depending on the reason given, you may also need to provide additional details.

The AFP discloses information according to both federal and state legislation. So the reason, along with any additional information that may be required, is used by the AFP to determine what information is to be disclosed under relevant federal and/or state laws.

Generally, an NPC won't include spent convictions. But if the reason for obtaining the NPC is immigration related, it will show spent convictions because of requirements under federal law. Likewise, an NPC obtained for employment as a teacher will also show spent convictions because of requirements under state law in most, if not all, Australian states and territories. These special circumstances are known as "exclusions" under the Spent Convictions Scheme.

You can read up on how it all works at the AFP web site:
AFP - Criminal records
AFP - Criminal records - National Police Checks
AFP - Criminal records - Spent Convictions Scheme <-- This page should answer any questions you still have.
AFP - Criminal records - Frequently Asked Questions

It's also worth noting that since your NPC was obtained for immigration purposes, federal law most likely requires that the AFP disclose everything on the NPC. That would include convictions (spent or not), infringements and possibly even arrests where no charge was laid.

So basically, what's disclosed all comes down to legislative requirements surrounding the reason for the NPC being obtained.