• cvanderhoven

'NO CONVICTION RECORDED'; WHAT DOES IT REALLY MEAN?

Updated: Feb 15


In Queensland, having a criminal conviction can impact your life for a prolonged period of time if it remains on your record.


Some convictions may bring with them a ‘no conviction recorded’ outcome. Understandably, this is an outcome that many wish to achieve when facing the courts.


Criminal Records

Criminal records are a staple checkpoint when it comes to applying for and maintaining work, travelling, taking out loans, applying for a rental property and so much more. When your criminal record is used adversely against you, it can leave you at a substantial loss in many areas of your life. Further, any adverse actions could occur regardless of how large or minor your conviction was.


When is the ‘No Conviction Recorded’ outcome attainable?

In the Penalties and Sentences Act 1992 (QLD) it states a court must considered whether or not to record a conviction. Section 12 states:


(1) A court may exercise a discretion to record or not record a conviction as provided by this Act.


In essence, this brings the decision for unrecorded convictions in the hands of the court. While it is up to the courts discretion, it will be looking for or analysing certain aspects of your case.


This includes:

• The severity or nature of the offence;

• Your age or character;

• Your previous criminal history or offence history; and

• What impacts the recorded conviction could have on your lifestyle, social wellbeing or chances of finding employment.


Given the above, it Is generally found that offences on the lower end of the severity scale are often brought with an unrecorded conviction.


Yet not all is set in stone. People who have a credible, qualified and experienced criminal lawyer acting for them are more likely to sway the court in position to dismiss the recording of conviction.


Do you need to declare unrecorded convictions?

You only need to disclose unrecorded convictions in particular circumstances. This could be if another act of Parliament makes it a requirement for you to do so. If you fail to disclose your unrecorded convictions in moments where it is a legal requirement, it could be seen as an offence.


Professional Legal Representation, Roma, Toowoomba, Brisbane, Queensland


Have you been sentenced to appear at court for an offence? If you have, the next steps you take from here will be paramount to your future success.


Let us help you.


Over 50 years’ Experience in Criminal Law


Our Lawyers not only represent individuals but companies and businesses. Creevey Russell Lawyers regularly appears in Magistrate, District and Supreme Courts around Queensland for pleas of guilty and trials.


No matter the time Creevey Russell Crime and Misconduct team is always available for advice and help with our 24/7 hotline.


CALL 1800-CRIME-LAW (1800 2746 3529) FOR AROUND THE CLOCK SERVICE.


Contact Creevey Russell, Brisbane, Roma and Toowoomba Today

Visit https://www.creeveyrussell.com.au/contact-us

or call direct on 07 3009 655 today.


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