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VIC Will DUI Appear on Police Check?

Discussion in 'Criminal Law Forum' started by JasonChaser, 29 June 2016.

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  1. JasonChaser

    JasonChaser Member

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    Hi,

    I have some queries regarding a DUI I received in January 2016. I had a BAC of 0.086 and this was my first ever offence. I was not required to go to court and as far as I can tell, I haven't been given a conviction (although I am not sure of this). I live in Victoria so my case is managed by VicRoads.

    I've recently been looking for work and jobs that I'm interviewing for will likely require background checks and security clearance and I'm curious to know if this offence will show up.

    Any help would be greatly appreciated because I would like to disclose this information to potential employers before it comes up on a background check.

    Thanks.
     
  2. DMQC

    DMQC Well-Known Member

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    Hi Jason,

    Yes, it is likely that your conviction will show on your National Police Certificate.

    If you are concerned about this matter then I suggest applying online for a National Police Certificate, you can usually get them instantly these days; that way you will know for sure. If it does show it might be worth applying for the conviction to be Spent which will mean it will not show on your clearance (unless it is for positions which handle very classified material such as Police, ASIO or ASIS) and you will not have to declare it except for very specific circumstances, such as Visa applications etc.

    Hope that helps
     
  3. JasonChaser

    JasonChaser Member

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    Can I apply to have the conviction spent if it was only very recent?
     
  4. JasonChaser

    JasonChaser Member

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    Also how would I go about applying to get it spent?
     
  5. DMQC

    DMQC Well-Known Member

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    You can apply whenever you like. Applying after several years has its benefits in that the Magistrate will be more inclined to grant your request given you would have demonstrated a longer period of non-offending than if you applied now.

    I have personally seen cases where a spent conviction was granted on the same day as an individual was found guilty, so definitely not impossible; with your clean record, moderate BAC and the fact you would like it spent to make finding employment easier, I cannot see why a Judge would not at least strongly consider your request.

    You would need to obtain a lawyer to have it done properly, in my opinion. I say this mainly because you are in Victoria which (I believe) does not have legislation to provide for spent convictions, however the sentencing Act does allow for a judge to not record a conviction at the time you are found guilty; your case makes this more complicated since it was dealt with by-way of an on-the-spot notice but not impossible to have it reheard or appealed. It will be time-consuming though, and definitely not easily done.

    I wrote this on my phone so apologies for any typo's. Hope this helps.
     

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