CRIMINAL RECORD CHECKS

Stan Winford, Solicitor

What will my police record show?
What won't be included on my personal police record?
Offences outside Victoria

To check your criminal record in Victoria, you need to fill out a form called a Consent to Check and Release National Police Record and pay a fee (indexed each year and currently $33.00 as of 1 July 2011, reduced to $15.50 in some circumstances). You can get details from the police by telephoning 1300 881 596 and download the form from the Victoria Police website at www.police.vic.gov.au. Click on "Our Services" then "Police Records Checks".

In Victoria, the release of your criminal record is governed by Victoria Police policy. Victoria Police is not authorised to release information about a person's police record to any organisation outside the sphere of law enforcement and the administration of justice without the subject's written consent.

However, you should be aware that there are a number of private companies that trade in criminal record information. They do not obtain consent from subjects before conducting searches, and they are not bound by the Victoria Police information release policy.

What will my police record show?

Victoria Police releases criminal history information on the basis of findings of guilt, regardless of whether or not a conviction is recorded. Police records are released in accordance with any or all of the following guidelines (Victoria Police Information Release Policy):

If the individual was an adult (17/18 years* or over) when last found guilty of an offence and 10 years have elapsed, no details of previous offences will be released.
If the individual was a child (under 17/18 years*) when last found guilty of an offence and five years have elapsed, no details of previous offences will be released.
If the last finding of guilt resulted in a non-custodial sentence or a custodial sentence of 30 months or less, the 10- or five-year period commences from the day the individual was found guilty.
If the last finding of guilt is an appeal or re-hearing, the 10- or five-year period will be calculated from the original court date.
If the last recorded / most recently committed offence qualifies under one of these guidelines to be released, then all findings of guilt will be released, including juvenile offences, i.e. the entire criminal record.
If the record contains an offence that resulted in a custodial sentence of longer than 30 months the offence will always be released. If 10 years have elapsed since the last finding of guilt, then only the offence(s) that resulted in a custodial sentence of longer than 30 months will be released.

Note
* The age jurisdiction of the Criminal Division of the Children's Court was increased on 1 July 2005. Because this change does not operate retrospectively, offences committed prior to this date will be released by police in accordance with the previous age jurisdiction of 17 years.

FINDINGS OF GUILT WITHOUT CONVICTION, GOOD BEHAVIOUR BONDS, OUTSTANDING CHARGES AND TRAFFIC MATTERS

Findings of guilt without conviction and findings resulting in a good behaviour bond are considered to be findings of guilt and will be released under Victoria Police policy. If the check shows that the individual has been charged with offences, or is under investigation regarding outstanding matters that have not yet been heard at court, Victoria Police will release details of the charges or pending matters and state that they are yet to be determined by a court. Victoria Police only releases traffic offences where the court outcome was imprisonment or, for young people, detention.

Exceptions

There are some circumstances where a record that is over 10 years old may be released. These are:

If the record check is for the purposes of:

registration with a child-screening unit and/or Victorian Institute of Teaching
the Assisted Reproductive Treatment Act 2008 (Vic)
registration and accreditation of health professionals
employment in prisons or state or territory police forces
casino or gaming licence applications
applications for prostitution service provider's licences under the Prostitution Control Act 1994 (Vic)
operator accreditation under the Bus Safety Act 2009 (Vic)
applications for private security licences under the Private Security Act 2004 (Vic);
if the record includes a serious offence of violence or a sex offence and the records check is for the purposes of employment or voluntary work with children or vulnerable people;
serious offences where the result was "acquitted by reason of insanity/mental impairment" or "not guilty by reason of insanity/mental impairment;" and
in other exceptional circumstances where the release of older information is in the interests of crime prevention or the administration of justice.

It is not known what police will regard as exceptional circumstances justifying release of old offence details, other than it being in the interests of crime prevention or the administration of justice. This is a broad discretion.

What won't be included on my personal police record?

A personal copy of your criminal record will not usually include:

not guilty outcomes;
charges dropped by the police;
on-the-spot fines and infringement notices that do not go to court (whether or not paid);
Infringements Court (formerly PERIN Court) orders;
police cautions;
details of a case dealt with under a diversion program;
intervention orders (but breaches of such orders will appear);
Children's Court welfare orders;
mental health involuntary detention orders;
details of detention under migration laws;
an order that you pay a civil debt;
cases prosecuted by agencies or individuals other than police (e.g. local councils); and
overseas cases.

It is important to bear in mind that a different release policy is applied by Victoria Police depending on whether you apply for your records for your own personal information, or for the purposes of seeking employment, voluntary work or occupation related licensing and registration (see: "What will my police record show?", above).

Offences outside Victoria

Victoria Police conducts a nationwide check for criminal records. If the record is obtained by Victoria Police from another police force, the relevant legislation (and/or release policy) affecting the records of that police force will be applied (including Victoria Police's own Information Release Policy) before it is released.