A list of all criminal offences you have pleaded guilty to or been found guilty and convicted of in court. It also includes serious traffic offences, such as:
A criminal record will also include any criminal or traffic fines that you took to court and were convicted of.
It does not include:
A conviction on your criminal record can't be removed, although some offences can become spent convictions.
A criminal record check will list all disclosable court outcomes, including:
A criminal history is a list of all warrants and criminal offences that you have been to court for, including offences where:
It also includes any spent convictions.
The Prosecutor will usually hand up a copy of your criminal history to the Magistrate if you are applying for bail or a change in bail conditions.
The NSW Police Force has systems in place to keep records of criminal matters, including a Charge Management System and a database called COPS. These systems record:
To work or volunteer for in certain government sectors, your potential employer may require an AusCheck security clearance:
This may include roles such as:
The AusCheck will include:
Depending upon your work status and the type of check required, you may not be able to apply for an AusCheck yourself and may need your potential employer to apply on your behalf. More information can be found on the AusCheck website.
If you get a fine notice, no conviction is recorded against you, even if you don't pay it. This means it will not affect the crime free period. This does not include fines given to you by a court, which do carry a conviction.
If you apply to take your fine to court, you may be found guilty and get a conviction. If this occurs, this may affect the crime free period.
Before you apply to take a fine to court, you should get legal advice.
If you were convicted of a historical homosexual offence, you may be eligible to apply to the Secretary of the Department of Communities and Justice (DCJ) to extinguish your conviction.
You will need to complete an Application form to extinguish a historical homosexual offence.
For more information and a copy of this form, see Extinguishment of historical homosexual offences on the DCJ website.
If the convicted person has died, an application can be made on behalf of the person by their:
Before you apply to extinguish a conviction, you should get legal advice.
Once a conviction is extinguished, you will not be required to disclose that the conviction ever existed for any reason, including when you are applying for a job or travelling overseas.
A matter that has been dealt with under section 10 generally does not form part of your criminal record unless you were given a conditional release order without conviction and it has not yet been completed.
After a section 10 has been given (and after any conditional release order without conviction is complete) the offence is treated as being spent. Usually, an offence that is considered spent does not have to be disclosed, except:
If you don't know whether you need to disclose an offence where you received a section 10, you should get legal advice.
A Community Correction Order (CCO) is a type of sentence that the Court can impose on a person who has been found guilty of an offence, instead of imposing a term of imprisonment.
A CCO means that the person has been convicted of the offence and will include standard conditions and possibly additional conditions.
Standard conditions are that the person not commit any offence and that they must appear before a court if they are called to do so at any time during the term of the CCO. Additional conditions may include being supervised by Community Corrections or having to complete community service.
A CCO could be in place for up to three years.
If you get a CCO, the offence will appear on your criminal record.
If you are unsure if you need to disclose a CCO, you should get legal advice.
A Conditional Release Order (CRO) is a type of sentence that the court can impose on a person who is found guilty of an offence. This penalty can be imposed with or without criminal conviction, with standard and possibly additional conditions.
Standard conditions are that the person not commit any offence and that they must appear before a court if they are called to do so at any time during the term of the CRO. Additional conditions are not common for CROs.
A CRO can be in place for up to two years.
If a CRO is imposed without conviction and all the conditions have been complied with, once the CRO has expired, the offence will not appear on your criminal record but will appear on your criminal history.
If a CRO is imposed with conviction, the offence will appear on your criminal record.
For more information, see the factsheet Criminal Records and Criminal History on the Inner City Legal Centre's website.
If you are unsure if you need to disclose a CRO, you should get legal advice.
An AVO made against you will not be listed on your criminal record and it will not appear in a criminal record check. However, if you breach an AVO and are convicted, the offence will be listed on your criminal record and will appear in a criminal record check.
If your AVO was taken out in NSW, the NSW Police Force will also have a record of it on their database called COPS.
In some circumstances, an AVO may be considered in a Working With Children's Check.
If you have an AVO and you need to apply for a Work With Children's Check, you should get legal advice.
If you were charged with an offence but the matter was dismissed this will not appear on your criminal record, but it will be a part of your criminal history.
It will not show up in a criminal record check and you don't need to tell anyone that you were charged.
If you pleaded guilty or were found guilty and the Magistrate dismissed the matter by giving you a Conditional Release Order (CRO) without conviction, the offence will show up on a criminal record check until the CRO expires.
If you were found not guilty of an offence this will not appear on your criminal record, but it will be a part of your criminal history.
It will not show up in a criminal record check and you usually don't need to tell anyone that you were charged. There are some exceptions, for example, applying to be admitted as a lawyer or to be registered as a health practitioner, you may need to disclose charges in some circumstances, even if you were not found guilty. If you are not sure whether you need to tell anyone about the offence, you should get legal advice.
A criminal record may:
Additionally, you will not be able to vote if you are in gaol for more than one year.
The Children’s Court does not have the power to convict you if you were under the age of 16 at the time of the offence. These offences should not appear on your criminal record. If you were 16 or 17 years old at the time of the offence, the Court can choose to record a conviction.
Convictions as a minor may be considered spent after three crime free years, 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.
The police and Courts have access to your criminal record.
If you are applying for a job and you are required to undergo a Criminal Record Check, your employer may get access to information from your criminal record. They will need your consent to undertake the check first.
If you apply for a Working With Children Check, you will either be barred or cleared to work with children. Your employer will not get access to your criminal record, they will only get information from you about whether you have a clearance to work with children.
Other individuals can't access your criminal record.
Generally, organisations can't give information about your criminal record without your consent.
You can apply for a copy of your criminal record by completing:
You will have to pay a fee.
You can get a copy of your criminal history by making an application under the Government Information Public Access Act to NSW Police.
For more information, see Requesting information on the NSW Police website.
Your fingerprints will be kept as a record, although you can request that the Police Commissioner destroy records of your fingerprints or palm prints if:
If you want to request that your fingerprints or palm prints be destroyed, you will need to apply in writing to the:
Manager, Criminal Records Section
Locked Bag 5102
Parramatta NSW 2124
You must include the following information in your request:
Convictions for serious traffic offences such as drink driving, driving whilst suspended or disqualified, negligent driving occasioning death or grievous bodily harm, will appear on your criminal record.
If you take a fine notice to court, and are convicted by the Court, this will also appear on your criminal record.
Minor traffic offences will not appear on your criminal record. These types of offences are only listed on your driving record.
Parking offences do not appear on your driving or criminal record.
Instead of taking you to court, police can choose to instead give you a fine for some minor criminal offences, including:
Sometimes these fines are called a Criminal Infringement Notice. If you pay the fine, the offence will not be on your criminal record. It will be recorded on your criminal history, which police may provide to the Court if you are sentenced for another offence. This means that any fines you have received for a criminal offence can be taken into account if you are convicted of a criminal offence and sentenced.
If you dispute the offence by having your fine heard in court, and you are convicted of the offence, it will be on your criminal record.
You should get legal advice if you want to dispute the offence.
After you receive a fine for a criminal offence you have the same options to respond as if you received any other fine. For more information, see the Fines topic.
For more information, see Fines on the My problem is about section of the website.
The Australian Passport Office may reject your application for a passport if:
The Australian Passport Office can also consider whether you might endanger the health or safety of others, or whether you might engage in conduct that is a criminal offence in another country.
If you want to travel and you have a criminal record, you will also need to check what rules and restrictions apply to obtain a visa in the country you want to travel to. Some countries may only let you apply for a certain type of visa, or others may refuse your application for a visa based on your convictions.
For more information about visa restrictions, you can contact the relevant embassy or consulate. See Foreign embassies and consulates in Australia on the Department of Foreign Affairs and Trade website.
The general public can’t see the names of the people listed on the Child Protection Register.
Information relating to a person on the Register can only be disclosed in limited circumstances, including:
It is a criminal offence to disclose the information of a person on the Register outside of these circumstances.
Overseas offences may need to be disclosed for certain jobs.
However, depending on the type of offence, an overseas offence may become a spent conviction.
If your conviction becomes spent, you won’t need to disclose it except where you are applying for a job:
If your conviction is not, or will not become, spent, you may have to disclose it to your potential employer.
If you are unsure whether you need to disclose an overseas offence, you should get legal advice.
A spent conviction is a conviction that doesn’t need to be disclosed after a crime free period, except in certain situations.
All convictions can become spent, except:
Most convictions will be treated as spent after 10 crime free years (for adult offenders) and three crime free years (for child offenders).
You do not need to apply for a conviction to become spent. There is no form or process that you need to follow, and a conviction becomes spent automatically after the relevant period of time has passed. Once a conviction becomes spent, it should be removed from your criminal record. However, it will remain on your criminal history.
A suspended sentence was where the Court imposed a period of imprisonment and then suspended the sentence so you did not have to go into custody.
As of 24 September 2018, a court can no longer give someone a suspended sentence.
If you were given a suspended sentence before this date, it will continue for the period imposed by the Court.
To see if your conviction can be spent, it is important to know the actual term of the prison sentence that was suspended. Where the suspended prison sentence was six months or less, it can be a spent conviction.
If you need help to understand whether your suspended sentence can be spent, you should get legal advice.
Once a conviction is spent, you do not need to disclose it except where you:
If you are not sure if a previous conviction is spent or whether you have a legal obligation to disclose it, you should get legal advice.
It is an offence for someone to disclose your spent convictions to anyone else. However, the Criminal Records Section of the NSW Police is allowed to disclose information about your spent conviction to:
A spent conviction is removed from your criminal record. However, it will remain on your criminal history and may be disclosed in some circumstances.
You may need to disclose a spent conviction if you are applying for certain types of employment. If you are unsure whether you need to disclose a spent conviction, you should get legal advice.
Depending on the requirements of the country you are travelling to, you may need to declare any convictions you have, including your spent convictions. You may not need to disclose an extinguished conviction to any person for any purpose.
You should check the entry requirements of the embassy or consulate of the country you are travelling to before buying any tickets or travelling.
A Working with Children Check (WWCC) is a screening process for people who work or volunteer in child-related work.
You must apply for a Working with Children Check (WWCC) if you:
You don't need to apply for a WWCC if you do not have face-to-face contact with children in your work.
For more information, see Who needs a Check on the NSW Office of the Children's Guardian website.
You are usually an authorised carer if you care for children in your home as a guardian, under a kinship arrangement or as a foster carer.
If you want to be an authorised carer and you have other adult children in your home, they will need a Working With Children Check too, even if those adults are your own children.
To get a Working with Children Check (WWCC) you first need complete your WWCC application online, You will need to enter four identification documents as part of your application, including a photo ID.
After you have lodged the application, you will need to get you identity verified within 28 days and pay the fee (if applicable). You can do this in person at a Service NSW Centre or online using digital proof of identity.
For more information, see How to apply for a WWCC on the NSW Office of the Children's Guardian website.
You must pay a fee for the 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 do not have to pay a fee.
For more information, see Apply for a WWCC on the NSW Office of the Children's Guardian website.
If you want to continue to live in out-of-home care, you are required to hold a Working with Children Check (WWCC) clearance. If you are refused a WWCC clearance, you may still be able to live with the foster carer if you get a Continuing Residence Approval from the NSW Office of the Children's Guardian.
To get a Continuing Residence Approval, you must:
For more information, see the factsheet Continuing Residency Approval on the NSW Office of the Children's Guardian website.
If you volunteer to help at your child's school, you generally don't need to apply for a Working with Children Check (WWCC). Although you may not need to apply for a WWCC, the school may need you to complete a Statutory Declaration.
You will need to apply for a WWCC if:
Your Working with Children Check (WWCC) clearance lasts 5 years. The Office of the Children’s guardian will send you a reminder email 90 days before your WWCC is due to expire.
When you renew your WWCC, you will need to go through the same screening and identity verification process as your initial application. This may take some time, so you should apply to renew early, to avoid your WWCC expiring.
For more information see How to renew your WWCC on the NSW Office of the Children’s Guardian website.
To renew your Working with Children Check (WWCC) you first need lodge your WWCC renewal application online, and have your identity verified within 28 days. You can do this in person at a Service NSW Centre or online using digital proof of identity.
For more information see How to renew your WWCC on the NSW Office of the Childrens Guardian website.
Anyone renewing their Working with Children Check (WWCC) can complete the identity verification process online using digital proof of identity.
You will need:
If you have changed your name since the last time you renewed your WWCC, you will need to have your identity documents verified in person.
For more information, see Renew a Working with Children Check (WWCC) on the Service NSW website.
After you apply, the NSW Office of the Children's Guardian will obtain your full criminal history, employer disciplinary findings, and any findings of misconduct by a reporting body.
If you don't have any convictions, charges or criminal investigations, you may get a clearance.
If you have criminal convictions, what will happen will depend upon the offences and whether you committed them when you were a minor (under 18 years old).
If you were convicted of a sexual offence, or a serious assault involving a child, it is likely you will be barred from working with children. Some other types of cases will also allow the NSW Office of the Children's Guardian to do a risk assessment of your situation. They may write to you to let you know they are doing this, and/or impose an interim bar, which is a temporary stop on you working with children until the assessment is completed.
If you are concerned about the results of a Working with Children Check, you should get legal advice.
A clearance allows you to work in a role where you have contact with children.
If the NSW Office of the Children's Guardian have told you that you are barred from working with children, you can't work in paid or unpaid roles where you have face to face contact with children for five years. If you do, you will be committing a serious offence and could face a fine or gaol sentence if you are convicted.
If you are already working with children, you must immediately remove yourself from this work. It does not matter whether the work is paid or voluntary.
You can't apply for a review if you have:
In all other situations, you have 28 days from the date of the decision to bar you to apply for a review of the decision at the NSW Civil and Administrative Tribunal (NCAT). If you apply for a review, your case will be heard in the Administrative and Equal Opportunity Division of the Tribunal.
For more information, see our factsheet Working with children checks.
You should get legal advice about applying for a review of the decision.
If you want to apply for a review of the decision, you should get legal advice about your case. A lawyer will help you to work out what is best to do in your circumstances and can advise you about the procedure in the Administrative and Equal Opportunity Division of NCAT.
The NSW Office of the Children's Guardian (OCG) can require you to give information about whether a person is a risk to the safety of children where a person is:
If you do not respond to the first letter, the NSW Office of the Children's Guardian can send you an enforcement notice. The enforcement notice must give you at least a further 28 days to respond. If you do not respond to the enforcement notice and you do not have a good excuse for not responding, the NSW Office of the Children's Guardian can fine you.
If you are not sure how to respond or have concerns about the statement, you should get legal advice.
Last updated: January 2024