Police records

If you have been found guilty of an offence, it will be included in a police record of your criminal history (also known as a criminal record).

Sometimes a magistrate will decide to give you a penalty ‘without conviction’. The magistrate is most likely to do this for a first offence that is not too serious.

Getting a penalty without conviction means you can say no if you are asked whether you have a criminal conviction (such as when you apply for a job or a visa).

However, the finding of guilt is still kept on police and court records and can be brought up if you’re charged with another offence. This may affect the penalty you are given, such as the amount of a fine or the length of a jail sentence.

Criminal record checks

If you apply for a new job, your employer may want to check your criminal history. This may also happen if you do voluntary work or if you are applying for a visa to travel overseas.

Victoria Police is responsible for releasing information about your criminal record. Generally, police will not release information to someone else without your consent (permission), however, there are exceptions to this.

Police may share information with other police forces and other law enforcement bodies like courts.

Police in other states and territories share information with Victoria Police, so offences that you have committed in other states may be included in your record. The information that is released from interstate offences will depend on the policies and laws about release of criminal records in those other states.  

What information may be released?

Police have a lot of discretion about what information will be released.

Information that may be released includes:

• all findings of guilt
• matters currently under police investigation (although it will be made clear that guilt has not been established)
• any offences you have been charged with that are awaiting final hearing.

Information will not usually be released about:

• traffic offences, unless you served a period of imprisonment
• offences you were found guilty of more than 10 years ago – exceptions to this include:
  • offences that you were imprisoned for 30 months or more for
  • serious violence offences or sex offences, if you are applying to work or volunteer with children or vulnerable people.

If you were under 18 when you were last found guilty of an offence, no information about previous offences will be released after five years have passed since you were last found guilty.  

All of your prior offences will be listed if:

• less than five years have passed and you were under 18 at the time of your last offence
• less than 10 years have passed and you were over 18 at the time of your last offence
• you want the information for your own records.

Victoria Police does not conduct records checks on persons aged sixteen or younger.

Working with children or vulnerable people

If you apply to work or volunteer with children or vulnerable people (such as people with an intellectual disability or  people in nursing homes), a police records check may be required as part of your job application.

See the Working with Children Check website (link below) for details about the kinds of convictions that may stop you from passing the Check.

Do I have to tell?

Some insurance or employment applications may ask questions about previous convictions, rather than about your criminal record. Sometimes a court may find you guilty of an offence, but may not formally convict you. If this has happened to you then you can answer truthfully that you have not been convicted.

If you do not answer truthfully and the insurer/employer later discovers the truth, there may be adverse consequences. For example you may not be covered by the insurance policy. It is important to read the questions carefully to see whether the question asks if you have been convicted or if you have been found guilty.

Discrimination

If you think you have been discriminated against in employment because you have a criminal record, you may be able to make a complaint to the Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission). Discrimination on the basis of criminal record is not unlawful under Victorian state laws.

Privacy

If you think that your privacy has been breached or that the information in your police record is wrong or has been misused, you can make a complaint to the Victorian Privacy Commissioner or the State Ombudsman. See ‘Privacy and freedom of information’ (link below).

More information

Privacy and freedom of information

Related publications

Police powers: your rights in Victoria

North Melbourne Legal Service – Getting past your past: moving on from a police record in Victoria

Related websites

Australian Federal Police – national police checks 

Australian Human Rights Commission – discrimination in employment on the basis of criminal record

Victoria Police – police record checks

Working with Children Check – what if you have a criminal record?

How we can help

Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.