Understanding criminal history records

Understand criminal records, when they are used and how they may affect you.

In short

A criminal record is a formal record of offences that you have. It's often checked when you apply for a job, travel overseas or attend court.

Some offences may not be recorded, and a record doesn't last forever.

If you feel you're being treated unfairly because of a previous record, you can make a complaint. There's also a scheme in place to protect previous records being disclosed in some instances.

What is a criminal record

A criminal record is a formal record of offences you’ve been convicted of after being found guilty or pleading guilty in court. If you’re found not guilty, this will not appear on your record.

If you’ve been convicted of an offence in multiple states, you may have separate records in each state.

When is a criminal history check used

You may need to complete a criminal history check when:

applying for a job
volunteering
working with children
applying for insurance
obtaining an overseas visa
attending court as a plaintiff or defendant.

Some jobs, such as working with children, may require you to disclose whether you've been found guilty or pleaded guilty in court even if no conviction was recorded.

You may still need to disclose your criminal record for certain jobs or in court even if your record has expired.

Discrimination in the workplace

If you feel you're being discriminated against when applying for a job due to your criminal record, you can make a complaint.

See Make a complaint about a rights breach.

State and federal industrial laws may also protect you from unfair treatment at work, such as the Fair Work Act 2009 and Anti-Discrimination Act 1991.

Some employees covered by the national workplace relations system can lodge a complaint of unfair dismissal with Fair Work Australia.

How long do criminal records last

Criminal records don't last forever and do expire.

You may not need to disclose a conviction if:

you weren't sentenced to prison or were sentenced to less than 30 months in prison, regardless of whether you served time
enough time has passed since your conviction
you haven't broken the law since your conviction.

Timeframe for Queensland offences

Convictions in the Supreme Court or District Court as an adult are generally spent after 10 years.

Convictions for other cases are generally spent after 5 years, unless you are ordered to pay restitution. In that case, you must wait until the restitution is fully paid.

Timeframe for Australia-wide offences

5 years if convicted as a child
10 years for all other cases

Commonwealth spent convictions scheme

The scheme stops your criminal record showing old minor convictions after a certain period. It also protects your record from being used or disclosed without your permission.

The scheme applies to:

minor federal, state, and foreign offences
pardons and quashed convictions.

The protection offered depends on the type of offence, some are excluded from the scheme.