Recording of Convictions (Qld)

In Queensland, when a person is found guilty of a criminal offence, the court may or may not record a conviction. Having a conviction recorded against you has various consequences. In some situations, the court must record a conviction, whereas in others, it has a discretion as to whether to do so or not. This page deals with the recording of convictions in Queensland and the consequences of a conviction.

Legislation

Under section 12 of the Penalties and Sentences Act 1992, Queensland courts have a discretion as to whether or not to record a conviction after finding a person guilty of an offence.  

In making this decision, the court must consider all the circumstances including:

• the offender’s character and age
• the nature of the offence
• the impact on the offender’s economic or social well-being or chances of finding employment

Consequences of a conviction

When a conviction is recorded against a person, it must be disclosed in a range of situations including:

• when you apply for a Working With Children Check (Blue Card)
• when you apply for a visa for some countries
• when you apply for some types of employment
• when you are asked under oath if you have any criminal convictions.

However, a conviction eventually becomes ‘spent’ provided you do not get into any further criminal trouble. After a conviction is spent, it no longer has to be disclosed (subject to exceptions).   

Consequences of having no conviction

When a person is found guilty without the recording of a conviction, this generally does not have to be disclosed. However, there are some exceptions to this rule so it is advisable to ask the magistrate whether the matter is one that needs to be disclosed.

Breaches of probation or community service order

If a court does not record a conviction against a person and sentences them to a probation order or a community service order, and the person is subsequently dealt with by a court for the same offence, the court must record a conviction.

Spent convictions

In Queensland, a conviction that is recorded against you as an adult in the Supreme Court or District Court or for a commonwealth offence in any court becomes spent after ten years have passed provided:

• you were not sentenced to imprisonment
• you have not been found guilty of any further offences since the conviction was recorded.

A conviction recorded against a child or against an adult in the Magistrates Court becomes spent after five years have passed provided:

• you were not sentenced to imprisonment
• you have not been found guilty of any further offences since the conviction was recorded
• restitution has been paid (if it was ordered).

A conviction cannot become spent if it involved time in custody or a term of imprisonment of more than 30 months (even where the term was wholly suspended). It is important to note that there are some exceptions to the non-disclosure provision of the Criminal Law (Rehabilitation of Offenders) Act 1986 in relation to specified occupations – for example, legal practitioners.   

Disclosing a criminal record

When you are asked to disclose your criminal record, it is important to be clear about whether a conviction was recorded and whether it has become spent.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.