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VIC Training Denied Due to Criminal Record - What to Do?

Discussion in 'Criminal Law Forum' started by FedBoy2015, 18 April 2016.

  1. FedBoy2015

    FedBoy2015 Active Member

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    Hello,

    My wife got denied her practical training whilst she was doing an aged care course due to her criminal record, but on her record she has never been convicted of anything, on all of them she was never convicted. The worst thing on there was she got accused of assault on a taxi driver but once again not convicted of it and that was 9 years ago.

    Is there anything we can do about it? She got pretty depressed when she was told she couldn't do the placement because of her criminal record which is stupid since she was never convicted of anything.
     
  2. Ponala

    Ponala Well-Known Member

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    But she was found guilty, and if their policy is not to let anyone who has been found guilty of an assault do the training, not much you can do apart from appeal to them that it was a long time ago etc.
     
  3. FedBoy2015

    FedBoy2015 Active Member

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    She wasn't found guilty though. If she was found guilty she would have been convicted of the crime and she wasn't.
     
  4. Mary W

    Mary W Well-Known Member

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    Hi Fedboy

    The issue appears to be about findings of guilt not about convictions. You can be found guilty without being convicted. You might like to look at the Victorian police information release policy which has information about convictions, findings of guilt and circumstances in which information won't be released if a record is over 10 years old.
     
  5. Ponala

    Ponala Well-Known Member

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    There is a difference between guilty and been given a conviction.

    A without conviction disposition from court is still a finding of guilt.

    She wasn't convicted of the crime, but she was found guilty of it.

    Some companies say you can't have a conviction (your wife would be fine as she has no convictions), others say you can't have been found guilty (your wife has findings of guilt)
     

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