# Australia spent conviction



## NordkappTokyoTravel (12 mo ago)

I have no criminal record in Australia. But I want to know more about the spent conviction of Australia.

If an Australian citizen has a criminal record in Australia, but the record was 'spent'.

If he applies for the National Police Check (Code No. 35 Overseas Visa - Supply to a Country Other than Australia), see below link:



https://afpnationalpolicechecks.converga.com.au/images/afp/npc_offline_form.pdf



I see the Police Certificate will show 
'All Commonwealth offences. Other State/Territory offences as legislation permits'.

If he has no criminal records for Commonwealth offences, but he has criminal records in every state and territory, but the records were 'spent' under all the state/territory laws, will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

Let's say he has criminal records in Queensland, Victoria, South Australia, etc. All the records were 'spent'. Will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

I am afraid that the Australia government may want to lie about a citizen's criminal records if they are 'spent'.

Am I correct?


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## JandE (Jul 17, 2015)

NordkappTokyoTravel said:


> I have no criminal record in Australia. But I want to know more about the spent conviction of Australia.
> 
> If an Australian citizen has a criminal record in Australia, but the record was 'spent'.
> 
> ...


Why do you think the Government(s) will lie about the records?

A spent conviction can be disclosed where the minister grants a permit authorising such disclosures.

Spent convictions of specific offences are released where the check is required for certain purposes regardless of how old the convictions are. 

Applications for National Police Checks for the Immigration/Citizenship purposes may disclose details of older convictions and/or findings of guilt.

Every state has different policies and legislations regarding what offences and criteria qualify as being spent. You may need to apply for it to be classified as spent.

Some convictions cannot become spent if, for example, the offences incurred a penalty of at least 6 months imprisonment.

A subsequent offence, for any other reason, might revoke an original spent conviction.

_








Spent Convictions Scheme


The scheme applies to spent convictions where a waiting period has passed and the individual in question has not re-offended.




www.afp.gov.au




_


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## NordkappTokyoTravel (12 mo ago)

Please see the link below.

https://afpnationalpolicechecks.converga.com.au/images/afp/npc_offline_form.pdf

If a citizen applies for the National Police Check (Code No. 35 Overseas Visa - Supply to a Country Other than Australia), the Police Certificate will show 'All Commonwealth offences. *Other State/Territory offences as legislation permits*'.

I am afraid that not all the state/territory offences will be recorded in the National Police Check even if a citizen has been released from prison a long time ago.

If he wants to apply for an overseas visa and immigration, for example, USA and Canada, the National Police Check will not show the criminal records if they have been ‘spent’ under the state/territory laws.

So I think the Australian government is a liar because he wants all the citizens with ‘spent’ criminal records to travel overseas without troubles.

How can foreign countries (especially US and Canada) tolerate a government to tell a lie that his citizens have no criminal records?


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## JandE (Jul 17, 2015)

NordkappTokyoTravel said:


> How can foreign countries (especially US and Canada) tolerate a government to tell a lie that his citizens have no criminal records?


It is not a lie when the relevant authorities know what the system discloses. Australian Police Background Checks | Australia in the USA

However, in Australia, applications for National Police Checks for Immigration/Citizenship purposes may disclose details of older convictions and/or findings of guilt. ie, spent convictions.


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## rehmatraza73 (Jan 11, 2022)

The Commonwealth Spent Convictions Scheme (Scheme) allows an individual not to disclose a conviction. for a less serious offence after a period of good behavior, and prohibits unauthorized use and disclosure of information about this conviction. The Scheme also covers pardons and quashed. convictions.
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## NordkappTokyoTravel (12 mo ago)

JandE said:


> It is not a lie when the relevant authorities know what the system discloses. Australian Police Background Checks | Australia in the USA
> 
> However, in Australia, applications for National Police Checks for Immigration/Citizenship purposes may disclose details of older convictions and/or findings of guilt. ie, spent convictions.


No. I don’t think the Australian government will disclose the spent convictions in the National Police Checks for the visa and immigration purposes, if citizens have State/Territory criminal records.

Please pay attention to my question.

If a citizen applies for the National Police Check (Code No. 35 Overseas Visa - Supply to a Country Other than Australia), the Police Certificate will show 'All Commonwealth offences. *Other State/Territory offences as legislation permits*'.

Does the legislation permit all the State/Territory offences not to be disclosed in the National Police Checks if the criminal records are ‘spent’?

If the answer is ‘yes’, I think the Australian government is a liar. All the overseas countries (esp. US, Canada and UK) are very unfortunate victims because the Australian government tells a lie that the citizens have no criminal records.


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## JandE (Jul 17, 2015)

NordkappTokyoTravel said:


> No. I don’t think the Australian government will disclose the spent convictions in the National Police Checks for the visa and immigration purposes, if citizens have State/Territory criminal records.
> 
> Please pay attention to my question.
> 
> ...


You have missed out an important part: "_unless an exclusion applies_".

The visa applicant is the one that is asked if they have any convictions. If they have, but say they haven't, it is the applicant that has lied, not the Australian government.

The Australian Federal Police obtain conviction records from their own federal records and from the State police departments, and are permitted to release information on spent convictions where relating to official immigration/citizenship enquiries.

A lie is saying something that is not true.

Which state is it that you say does not provide details of spent convictions to the Federal Police, and hide the fact that that is their policy?

And for it to be a lie, they presumably say there are no spent convictions, rather than saying that spent convictions are not included, per their state policy.

If everyone knows that spent convictions are not included, it cannot be a lie when spent convictions are not included.

I would assume that the US, Canada and UK would all know the policy of foreign spent conviction legislation.


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## NordkappTokyoTravel (12 mo ago)

JandE said:


> You have missed out an important part: "_unless an exclusion applies_".
> 
> The visa applicant is the one that is asked if they have any convictions. If they have, but say they haven't, it is the applicant that has lied, not the Australian government.
> 
> ...


You have missed out an important part: "_unless an exclusion applies_".

How can you define the exclusion?

The Australian Federal Police obtains the conviction records from the State Police Departments. But the State Police departments may NOT release the conviction records to the Australian Federal Police if the State conviction records are ‘spent’ under the law. This may apply when a citizen applies for the National Police Checks for the visa and immigration purposes.

I want to repeat again and again.

If a citizen applies for the National Police Check (Code No. 35 Overseas Visa - Supply to a Country Other than Australia), the Police Certificate will show 'All Commonwealth offences. *Other State/Territory offences as legislation permits*'.

This has already represented that quite a lot (even all) of the ‘spentcriminal records will NOT show in the National Police Checks.

This policy is very unfair to foreigners who have ‘spent’ criminal records, especially those from UK, New Zealand. This is because their Police Certificate will SHOW the ‘spent’ and ‘unspent’ criminal records for visa and immigration purposes. They have NO legal right to be protected by the government like Australia.

Can you think carefully and do more research and use your brain before you answer my questions?


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## JandE (Jul 17, 2015)

NordkappTokyoTravel said:


> You have missed out an important part: "_unless an exclusion applies_".
> 
> How can you define the exclusion?
> 
> ...


As I asked before "Which state is it that you say does not provide details of spent convictions to the Federal Police, and hide the fact that that is their policy?


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## Eulhoeulho (9 mo ago)

No Your assumption is wrong.
Just to answer your original question:

Let's say he has criminal records in Queensland, Victoria, South Australia, etc. All the records were 'spent'. Will the Police Certificate still show the criminal record if he applies for the Police Certificate for visa and immigration purposes?

Yes - all state records will also appear for a visa and immigration purpose - 100%. I have seen multiple police check for a immigration visa purpose (partner) the record appears even if it was 20 years old.

It also clearly states in the AFP website:

Applications for National Police Checks for the following purposes *may* disclose details of older convictions and/or findings of guilt as an exclusion may exist in the State or Territory where the offence occurred –

Working in Aged Care/working with the Aged
Working with children/working as a teacher/teacher's aide
Working with or caring for the disabled
Hospital employment
Firearms permit applications
Firefighting/fire prevention
Immigration/Citizenship
Immigration Detention Centre employment
Some Government security clearances
Superannuation trustee
Some overseas employment
Taxi/Uber/Bus driver accreditation


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