QLD When Does a Spent Conviction Start?

[mrbr0wnn]

Hi all,

When I was 18, I broke the law and was sentenced to good behaviour with a conviction recorded. At first I plead not guilty, however changed that to guilty in the supreme court under the guidance of my lawyer.

This has been a constant pain on my life. I didn't have the best upbringing and part of the reason I was charged was because of the family member I was living with at the time. Having said that, there are no excuses for breaking the law.

My question is, does a spent conviction come into effect 10 years after you were charged? Or 10 years after the conviction was recorded? I was charged in 2006, however the conviction was not until 2008. As you can see this makes quite a difference. I am tired of living in constant fear of possibly getting a criminal history check at my work. I have been offered a fairly decent job which I am hesitant to take in case I am required to complete a check.

This was the only time I broke the law and have not broken it since.

Appreciate your feedback.

 

[Arche]

Was the conviction in Queensland? The Criminal Law (Rehabilitation of Offenders ) Act says 10 years from the date the conviction was recorded, ie not the date you were charged.
Is there any suggestion that a criminal check will be required for this new job - you would normally be told at the time of application. It's unlikely that once you are in a job you would suddenly be asked out of the blue to undergo a check. Just keep getting on with your life as best you can.

 

[mrbr0wnn]

Was the conviction in Queensland? The Criminal Law (Rehabilitation of Offenders ) Act says 10 years from the date the conviction was recorded, ie not the date you were charged.
Is there any suggestion that a criminal check will be required for this new job - you would normally be told at the time of application. It's unlikely that once you are in a job you would suddenly be asked out of the blue to undergo a check. Just keep getting on with your life as best you can.

Hi Mary,

Thank-you for the reply, yes the conviction was in QLD. Thanks for the confirmation it is from conviction date rather than charge date. Thank-you for the kind words, I do try and get along with my life as much as I can, unfortunately the industry I work in deals a lot with Government entities. Just last year we had to renew our licence which meant a handful of our staff had to get selected randomly to do a fit and proper person test meaning a background check. Luckily I was not chosen.. I've also applied and been successful for positions and not know they do a background check until I have collected the contract & starting documents. To me its basically up to luck..

I was only 18 when I was charged and convicted at 20, My biggest life regret is not fighting the charge and going down with my family & housemate. At the time I had no idea how much it would affect my life, I could have avoided the charge by simply saying it was all my housemate/family member however I thought the best thing to do was to be charged together as I didn't want to upset my family. I now do not even speak to them because I have since realised they are nothing but trouble. Ironically my housemate who was charged has been on the dole and never travelled since, so he doesn't even need his name.

I've even thought of taking it back to court to see if I can get the charge dismissed/removed from my record however I think it is too late for that? I should never had plead guilty.

Thanks again and apologies for the novel book reply..