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Criminal records

Information about criminal records, spent convictions, extinguished convictions and Working with Children Checks.

  • This topic covers

    This topic covers

    • Spent convictions
    • Extinguished convictions 
    • Disclosure
    • How to access a copy of a criminal record
    • Working with Children Checks

Time limitAction
10 crime free years (or three crime free years for child offenders)

A conviction will become spent, unless it was:

  • a conviction against a company or corporate body, 
  • a sexual offence, or 
  • an offence where a gaol sentence greater than six months was given.
28 days

To appeal to the NSW Civil and Administrative Tribunal, if you have applied for a Working with Children Check and have been notified you are barred from working with children.

Organisation

OrganisationResponsibilities
Criminal Records Section of the NSW Police ForceThe authority who completes National Criminal Record Checks done for visa, adoption and employment purposes (except child related employment).
Australian Federal PoliceThe authority who completes Criminal Record Checks for citizenship and spouse and working visas.
Office of the Children's GuardianThe authority who conducts Working with Children Checks for child related employment purposes.

Legislation

AuthorityCovers
Criminal Records Act 1991 (NSW)Criminal records in NSW

Common termDefinition

Bar

A decision made by the NSW Office of the Children's Guardian when a person is prohibited from working in a job with certain contact with children.

Clearance

A decision made by the NSW Office of the Children's Guardian when a person is approved to work in a job where they will have certain contact with children.

Criminal Record

A list of all criminal offences tha​t you have pleaded guilty to or been found guilty and convicted of in court. It also includes serious traffic offences, such as:

  • drink driving convictions
  • dangerous or negligent driving convictions where someone is hurt
  • convictions for driving whilst disqualified.

A criminal record will also include traffic offences where you have disputed a fine, including a Criminal Infringement Notice (CIN), and have been convicted by the Court.

It does not include:

  • AVOs
  • dismissed criminal charges
  • offences that you were found not guilty of
  • offences where you did not receive a conviction (if you were placed on a Conditional Release Order (CRO) without conviction, this offence may show up until the CRO expires).

Criminal history

A list of all warrants and offences that you have been to Court for, including offences where:

  • you were found guilty
  • you were given a section 10 dismissal
  • you were found not guilty
  • charges were dismissed.

Conviction

When the Court accepts your plea of guilty or decides you are guilty after a hearing and decides to record the offence on your criminal and/or traffic record.

OrganisationFee
Australian Federal PoliceYou must pay a fee to apply for a National police check.
NSW Police Force Criminal Records SectionYou must pay a fee to apply for a National police check.
Office of the Children's Guardian​You must pay a fee for to apply for a Working with Children Check if you work in paid employment. If you are a volunteer, an authorised carer or an adult living in an authorised carer’s home, you don't have to pay a fee.

OrganisationForms
Australian Federal PoliceIf your National Police Check doesn't include a fingerprint check, you can complete it:
  • online, or
  • in writing.
If it does include a fingerprint check, you must complete a National Police Check (NPC) Application Form.
NSW Police Force Criminal Records SectionRegardless of whether your National Police Check requires a fingerprint check, you need to complete an online application. NSW Police Force doesn't offer offer over the counter, postal, email or fax lodgement options.
Office of the Children's GuardianTo apply for a Working with Children Check, you must complete an online application form.
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about criminal records.

Go to questions

Our Services

Employment Law Service

For job related Working with Children Check problems, customers can contact this specialist service providing free legal advice, assistance and representation.

More Services

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

Office of the Childrens Guardian

Call the Office of the Children's Guardian on (02) 8219 3777 for help regarding a Working With Children Check.

Solicitor Referral Service

If you need help and are looking for a lawyer, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: January 2024