Criminal records

What is a cri​minal record?

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:

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

A criminal record will also include any criminal or traffic fines that you took to court and were convicted of.

It does not include:

• AVOs
• dismissed criminal charges
• offences that you were found not guilty of.

A conviction on your criminal record can't be removed, although some offences can become spent convictions.

What is included in a criminal record check?

A criminal record check will list all disclosable court outcomes, including:

• all convictions for criminal offences, including major traffic offences
• unexpired  conditional release orders without conviction (until finished)
• outstanding criminal charges
• ongoing criminal court proceedings. 

​​What is a criminal history?

A crim​inal history is a list of all warrants and criminal 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.

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.

​What doe​​s the NSW Police Force record?

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:

• questioning and intelligence information 
  
• arrests 
  
• warnings and cautions, particularly for young people
  
• charges 
  
• fingerprints and photos 
  
• convictions 
  
• section 10 dismissal and charges 
  
• sentences 
  
• Apprehended Violence Orders that the police have applied for.
  

My employer requires an AusCheck, what will that include?

To work or volunteer for in certain government sectors, your potential employer may require an AusCheck security clearance:

• major events (such as international sporting events)
• critical infrastructure (such as water, energy, food and grocery, freight)
• aviation services
• maritime services
  
• certain health services.
  

This may include roles such as: 

• volunteer
• employee
• contractor or
• agent.

The AusCheck will include: 

• a criminal history check
• a national security assessment by the Australian Security Intelligence Organisation and
• a ‘right to work in Australia’ check for visa holders.

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.

​​Does getting ​a fine affect the crime free period?

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. ​

Can I apply f​or a previous homosexual conviction to be extinguished? ​ 

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:

• lawyer
  
• spouse, de facto partner, parent or child of the convicted person, or
  
• a person who was in a close personal relationship with the convicted person immediately before the convicted person/s death.
  

Before you apply to extinguish a conviction, you should get legal advice.

What happens if the conviction is extinguished?

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.

Will a s​​​ect​​ion 10 be ​​listed on my criminal record?

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 have to go to court and you are found guilty and sentenced for another offence
• if you apply for certain jobs, for example to be a Police Officer, or to work with children
  
• in certain special application processes, for example, if you apply for a security licence.
  

If you don't know whether you need to disclose an offence where you received a section 10, you should get legal advice.

What is a Community Correction Order and will it appear on my criminal record?

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. 

What is a Conditional Release Order and will it appear on my criminal record?

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. 

Is an Apprehended Violence Order on my crimi​nal record?

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. 

Will my criminal re​​co​​rd li​​st matters where I was charged but the matter was dismissed?

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.

Will my criminal r​ecord ​show a matter where I was found not guilty?

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.

What is the effect of having a criminal record?

A criminal record may:

• affect your current or future employment, particularly employment in the public sector or in child-related employment as you will need a Criminal Record Check and/or Working With Children Check
  
• prevent you from operating certain businesses, or holding certain licences and trades, for example, a security licence
  
• affect whether you can register with your relevant employment professional body, for example, as a lawyer, doctor or nurse
  
• make it difficult for you to get insurance
  
• affect your immigration status or ability to apply for or renew a passport 
  
• prevent you from travelling overseas, as some countries have particular visa requirements prohibiting you from having a criminal record.
  

Additionally, you will not be able to vote if you are in gaol for more than one year.

​What if I had a conviction as a minor?

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.

Who has access to my cr​​iminal record?

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.

Can other individuals acces​s my criminal record?

Other individuals can't access your criminal record.

Generally, organisations can't give information about your criminal record without your consent.

How do I get a copy of my crim​inal record?

You can apply for a ​​copy of your criminal record by completing:

• the forms on the NSW Police Force website, if you are applying for a National Criminal Record Check for general employment (excluding child related employment or employment by a federal government agency), licensing, visa, adoption and aged care volunteering purposes. For more information, see National Police Check on the NSW Police website.
  
• the forms on the Australian Federal Police website, if you are applying for a National Criminal Record check for the purpose of Australian Citizenship, residency, spouse visa, working visa or whilst travelling or living abroad. For more information, see National Police Checks on the Australian Federal Police website.
  

You will have to pay a fee.

How do I get a copy of my criminal history?

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.

If I was fingerp​​rinted when I ​​was charged with an offence, will this st​​ay on my police record?​

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:

• you were found not guilty of the offence by a Court, or
• the charges against you were dismissed.

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 2​​124

You must include the following information in your request:

• your full name and date of birth
  
• the date you were charged
  
• the details of the offence
  
• your court date(s)
  
• whether the matter was dismissed or if you were found not guilty.

​Will​ traffic offence convictions appear on my criminal record?

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.

If I pay a fine will it appear on my criminal record?

Instead of taking you to court, police can choose to instead give you a fine for some minor criminal offences, including:

• breaching a Public Health Order
• shoplifting
  
• offensive behaviour
  
• offensive language
  
• goods in custody
  
• low range PCA offences
  
• driving with an illicit drug present in your oral fluid/blood/urine.
  

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 offencec 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.

Will I be prevented f​​​rom travelli​​​ng to another country if I have a criminal record?

The Australian Passport Office may reject your application for a passport if:

• there is a warrant for your arrest, or
  
• you are prevented from travelling internationally by a court order, or because of a condition of parole, bail, recognizance, surety or bond.
  

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.

Can the general public see who is on the Child Protection Register?

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:

• for law enforcement purposes
• in accordance with a court order 
• with the consent of the Commissioner of Police to ensure the safety or protection of a child or children
• to the Minister, or with the consent of the Minister
• where authorised by law
• with the listed person’s consent.

It is a criminal offence to disclose the information of a person on the Register outside of these circumstances. 

I have an overseas offence. Do I need to disclose that information if I am applying for a job in NSW?

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:

• as a Judge, Magistrate, Justice of the Peace, Police Officer, member of staff of Corrective Services NSW, Teacher or Teacher's aide, a casino employee, or childcare worker
• as a Lawyer in NSW – you will need to notify the Law Society of NSW of any overseas offences when you renew your practising certificate 
• with the Police Integrity Commission, NSW Crime Commission Office of the Director of Public Prosecutions, or Independent Commission Against Corruption (ICAC) 
• as a Crown Prosecutor
• in firefighting or fire prevention and you have been convicted of an arson or attempted arson offence 
• requiring a security licence
• requiring a permit to possess or use a prohibited weapon.

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. 

What is a spent conviction?

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:

• convictions where a prison sentence of more than six months was imposed
• sexual offences
• convictions against companies and other corporate bodies.

Most con​victions 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.

Can a suspended sentence of more than six months be a spent conviction?

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.

When do I need to disclose a spent conviction?

Once a conviction is spent, you do not need to disclose it except where you:

• apply for certain jobs such as a Judge, Magistrate, Justice of the Peace, Police Officer, member of staff of Corrective Services NSW, Teacher or Teacher's aide, a casino employee, or child care worker
  
• apply to be admitted as a Lawyer in NSW
  
• apply for certain jobs with the Police Integrity Commission, NSW Crime Commission Office of the Director of Public Prosecutions, Independent Commission Against Corruption (ICAC), or as a Crown Prosecutor
  
• apply for a position in firefighting or fire prevention and you have been convicted of an arson or attempted arson offence 
  
• apply for a security licence
  
• apply for a permit to possess or use a prohibited weapon
  
• are under 18 years and you apply for a firearms license or permit
  
• are sentenced for another offence.
  

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.

When c​​an a spent conviction be disclosed by another person?

​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:

• courts, in some circumstances
  
• law enforcement agencies
  
• other State and Federal government agencies
  
• the NSW Office of the Children's Guardian if you have applied for a Working With Children Check.

Is a spent co​​nvic​tion removed from my criminal record?

A spent con​viction 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 f​​or certain types of employment. If you are unsure whether you need to disclose a spent conviction, you should get legal advice. ​

Do I have to declare convicti​​ons or spent convictions or extinguis​​​hed convictions when I travel overseas?

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.​

What is a Working with Children Check?

A Working with Children Check (WWCC) is a screening process for people who work or volunteer in child-related work.

Do I have to apply for a Working with Children Check?

You must apply for a Working with Children Check (WWCC) if you:

• work or intend on working in a child related role (paid or unpaid) where there is face-to-face contact with a child, for example, as a youth worker or teacher, for an extended period of time
• care for children as an authorised carer.  

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.

Who is an authorised carer?

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.

How do I apply?

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.

Do I have to pay a fee?

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.

I have been living in out-of-home care and have turned 18. Do I need a Working with Children Check to stay in the home?

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:

• have lived in the out-of-home care immediately before turning 18 years old, and
• provide evidence that any risks to the safety of the children by you staying in the home are sufficiently managed.
  

For more information, see the factsheet Continuing Residency Approval on the NSW Office of the Children's Guardian website.

Do I need to apply for a Working with Children Check if I help out at my child's school?

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:

• you are employed by the school and have face-to-face contact with children, for example, as a teacher's aid
• the volunteering activities include personal care services that involve intimate contact with children like bathing or dressing children
• the volunteering activities include mentoring services which form a part of a formal mentoring program​
  
• the volunteering activity includes attending an overnight camp for children.
  

How often do I need to renew my Working with Children Check?

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.

How do I renew my Working with Children Check?

To renew your Working withWith 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.

How I complete online proof of identity? 

Anyone renewing their Working with Children Check (WWCC) can complete the identity verification process online using digital proof of identity.  

You will need:

• a MyService NSW Aaccount with the WWCC service added
• three current identity documents, including a NSW driver license or photo card. 
• if you need to pay a fee, you will need a credit card or other online payment method. 

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.

What happens after I apply?

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.

What does it mean if I get a clearance?

A clearance allows you to work in a role where you have contact with children. ​

What if I am barred from working 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.

Can I apply for a review?

You can't apply for a review if you have:

• ongoing proceedings against you relating to a disqualifying offence, for example child murder, serious assault or sexual offences against a child, or
  
• been convicted of a disqualifying offence and were sentenced to full-time imprisonment or remain subject to certain types of orders.
  

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.

How do I apply for a decision to be reviewed by the NSW Civil and Administrative Tribunal?  

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 sent me a letter asking for a statement about whether a person is a risk to the safety of children. Do I need to respond?

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:

• applying for a Working with Children Check, or
  
• requesting a Continuing Residence Approval.
  

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.