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Criminal records

 

What is my criminal record?

The term "criminal record" refers to the formal record of offences that you have been convicted of in a court. This means that only offences that you have pleaded guilty to or been found guilty of after trial, will show up in your criminal record.  This includes offences that you have been convicted of in your absence.  If you have been found not guilty of an offence, it will not show up in your record.

Each state or territory keeps its own record of offences committed there, so depending on where you have been convicted of offences, you may have more than one record.

A criminal record may or may not include your traffic convictions. Where a criminal record does not include traffic offences, there will be a separate record of your traffic convictions.

Who is responsible for keeping and releasing my criminal record?

In each state or territory, the police are responsible for keeping your criminal record. They are also responsible for releasing it in accordance with the law of that state or territory.

Generally, police will not release information about your criminal record to anyone without your consent, however, there are exceptions to this. Police may share criminal record information with other police forces and with administrators of justice, such as courts.

What might my criminal record be released for?

You might want a copy of your record for various reasons, including to apply for a job, work as a volunteer, work with children, make an insurance application, or apply for an overseas visa.  

A criminal court will want to see your record before deciding questions such as suitability for bail or the appropriate penalty for an offence. 

What information is included in my WA criminal record?

Your WA criminal record includes a basic description of the offence for which you have been convicted, the date when it was dealt with in court and the penalty you received, for example, a $400 fine. 

A criminal record that is produced for a criminal court, will usually be a combined record that shows all your criminal and traffic offences, whether spent or not. 

A record produced for employment or other similar purpose will only include disclosable offences, that is, it will not include offences that have been "spent". 

What offences might not be on my WA criminal record?

Breaches of local government regulations, for example illegal parking, and some driving offences such as speeding, if dealt with by way of an infringement, will not be included in your criminal record.

What is a "spent" conviction?

A "spent" conviction is a conviction that does not need to be disclosed in certain circumstances, such as when applying for some kinds of employment. As a result, a spent conviction will not appear in a National Police Certificate as it is not classed a "disclosable" offence. 

However, it is important to note that spent convictions do have to be disclosed in some situations, including for certain types of employment and will form part of your record when it is being considered by a criminal court. For more information about when you must disclose a spent conviction or when a spent conviction may be taken into account, see What spent conviction orders do on this website and Spent Conviction Applications on the WA police website. 

A spent conviction can be obtained either:

How long do offences stay on my record?

Offences will remain on your record unless they are "spent". However, even if you have a conviction or convictions that are spent, these and any other convictions will show up when your record is being considered by the police or a criminal court.

A criminal court may take all offences, including those that are spent, into account when dealing with you in court. There is an exception to this. A court cannot take into account convictions for offences under the Road Traffic Act 1974 (WA) which are more than 20 years old, when considering the penalty for any subsequent offence, even though such convictions will show up on your record. 

What is a National Police Certificate and how do I get one?

A National Police Certificate includes details of your WA criminal and traffic convictions as well as convictions from other Australian states and territories. It also includes details of pending charges, that is, charges that are before the court but have not yet been resolved. 

The certificate does not include offences for which a spent conviction order was made and does not include details of any pending traffic charges or any WA infringements you have received. 

In order to obtain a National Police Certificate you must pay a fee and complete an application form through any Australia Post outlet. The current cost for this application is $62.75 and you are required to prove your identity before your application can be processed. 

For more information, see Frequently asked questions and National Police Certificate - how to apply on the WA Police website. 

Can I get a copy of my WA criminal record for court?

If you are facing criminal charges in WA, you or your lawyer will usually be able to obtain a copy of your WA record from the prosecution free of charge. The copy they provide will be the copy they intend to provide to the court so it will usually include all criminal and traffic convictions. The prosecution are not obliged to provide a copy, however, they will generally assist if you can show that you need it for your court appearance. You will be required to prove your identity before it is released to you.

If your record is to be taken into account be a criminal court, you should be given a chance to check it before the court relies on it.

How can I obtain a copy of my WA traffic record?

All WA traffic convictions are included in the National Police Certificate. You should therefore apply for a National Police Certificate if you need a record of your traffic convictions.

If you need to know about your traffic infringements, see Record of Traffic Infringement Notices on the WA Police website. 

What if I am living interstate and I want a copy of my criminal record?

If you are living interstate, you must apply to the police in your state or territory if you want a copy of your criminal record from that place. If you are living interstate and you want a copy of your WA criminal record, you should apply for a National Police Certificate in your state or territory. 

What if I am living overseas and I want a copy of my criminal record?

If you are living overseas, you must apply to the Australian Federal Police (AFP) for a National Police Certificate. Contact them at AFP Criminal Records, Locked Bag 8550, Canberra City, ACT, 2601 or on (02) 6140 6502 or (02) 6131 3000. Also see Criminal Records - National Police Checks on the AFP website.

What if I am applying for a visa to travel overseas?

If you need a copy of your criminal record as part of a visa application, you must apply to the Australian Federal Police (AFP) for a National Police Certificate. Contact them at AFP Criminal Records, Locked Bag 8550, Canberra City, ACT, 2601 or on (02) 6140 6502 or (02) 6131 3000. Also see Criminal Records - National Police Checks on the AFP website. 

What information is considered in a Working with Children Check?

If you have applied to work with children, a thorough criminal record check is made in order to process your application. For more information see General Information about the Working with Children Check on the Working with Children Check website.

What if I think I have been discriminated against because of my criminal record?

There is useful information about discrimination in employment based on criminal records on the Australian Human Rights Commission website.

 

Last reviewed: 05/11/2013

Last Modified: 06/11/2013

Disclaimer

The material displayed on this page is intended for information only. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia believes that the information provided is accurate, however does not accept responsibility for any errors or omissions.