In Queensland, having a criminal conviction can impact your life for a prolonged period of time if it remains on your record.
Some convictions may bring with them a ‘no conviction recorded’ outcome. Understandably, this is an outcome that many wish to achieve when facing the courts.
Criminal Records
Criminal records are a staple checkpoint when it comes to applying for and maintaining work, travelling, taking out loans, applying for a rental property and so much more. When your criminal record is used adversely against you, it can leave you at a substantial loss in many areas of your life. Further, any adverse actions could occur regardless of how large or minor your conviction was.
When is the ‘No Conviction Recorded’ outcome attainable?
In the Penalties and Sentences Act 1992 (QLD) it states a court must considered whether or not to record a conviction. Section 12 states:
(1) A court may exercise a discretion to record or not record a conviction as provided by this Act.
In essence, this brings the decision for unrecorded convictions in the hands of the court. While it is up to the courts discretion, it will be looking for or analysing certain aspects of your case.
This includes:
• The severity or nature of the offence;
• Your age or character;
• Your previous criminal history or offence history; and
• What impacts the recorded conviction could have on your lifestyle, social wellbeing or chances of finding employment.
Given the above, it Is generally found that offences on the lower end of the severity scale are often brought with an unrecorded conviction.
Yet not all is set in stone. People who have a credible, qualified and experienced criminal lawyer acting for them are more likely to sway the court in position to dismiss the recording of conviction.
Do you need to declare unrecorded convictions?
You only need to disclose unrecorded convictions in particular circumstances. This could be if another act of Parliament makes it a requirement for you to do so. If you fail to disclose your unrecorded convictions in moments where it is a legal requirement, it could be seen as an offence.
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