Concerned with who can access details of a conviction? Some of your conviction questions answered

by The FindLaw Team

Criminal records relating to court appearances, arrest and convictions may be recorded against a person’s name. For any person who has any questions in relation to records, this piece will cover what information is held, released, and whether the record is permanent.

Records for any court appearances, arrest and convictions are held by the police for any person over the age of 14, and further information such as whether the person had been fingerprinted will also be on record. The other types of details that can be found include:

  • the offence;
  • the court where the person attended;
  • the date of attendance at court;
  • whether the person was found guilty;
  • whether a conviction was recorded;
  • the sentence, including penalties.

Records relating to driving and traffic convictions

Records relating to traffic offences can include details such as the type of offence committed, and whether the person had been found guilty. Additional details include any fines recorded for drink, drug offences, along with any speeding and traffic offences as well.

If a person has been fined, there may be some infringements that may be recorded on a person’s record if they have been convicted for an offence. Offences such as drink driving or speeding may be seen as infringement convictions, and are usually not listed as a prior conviction – unless the person has been convicted of a similar offence.

Who can view a person’s criminal record?

There may be occasions where a person’s record is released to an employer or an embassy. The information usually isn’t released unless:

  • there was a conviction;
  • there was either a jail sentence or a suspended sentence;
  • there was a finding of guilt of an offence less than 10 years ago.

In relation to federal offences, if the person was found guilty of a minor offence, which generally means a sentence 30 months’ or less imprisonment, and the person has been of good behaviour for 10 years, the conviction cannot be disclosed.


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