Criminal Records in Victoria: How They Affect Your Future and Legal Options

A criminal record can have lasting consequences, affecting employment opportunities, travel, and personal reputation. Many people facing criminal charges in Victoria do not realise the long-term implications of a conviction or that there are legal options available to mitigate these effects.

At Rebecca Burdon Legal, our criminal defence lawyers in Melbourne specialise in helping individuals navigate the Victorian justice system, challenge wrongful charges, and explore options to clear or manage their criminal records.

What is a Criminal Record in Victoria?

A criminal record is a formal record of any convictions, charges, and legal outcomes against an individual. It is maintained by Victoria Police and can include:

Court convictions (e.g., assault, theft, drug offences).
Findings of guilt without conviction (which may still appear in some checks).
Intervention orders (particularly if breached).
Traffic offences (such as reckless driving or repeat DUI charges).

Employers, government agencies, and international immigration authorities may request police checks, revealing past convictions and legal proceedings.

How a Criminal Record Affects Your Life

A criminal record can significantly impact multiple areas of life, including:

Employment: Many jobs require a National Police Check, and some industries (e.g., healthcare, finance, security) may refuse employment to individuals with certain offences.

Travel Restrictions: Countries like the United States, Canada, and the UK have strict entry requirements for individuals with criminal records.

Professional Licences: Some professions—such as law, teaching, and real estate—require clean records for licensing.

Intervention Orders & Family Law: A criminal record can affect child custody disputes and family law matters, especially if linked to intervention orders or domestic violence charges.

Are All Criminal Records Permanent?

Not all records are permanent. Victoria allows for spent convictions, which means certain offences may be removed after a period of good behaviour. Seeking advice from a criminal defence lawyer can help determine eligibility for record clearance.

Spent Convictions and Criminal Record Expungement in Victoria

Not all criminal records remain on file forever. Under Victoria’s Spent Convictions Act 2021, certain offences may be removed from a person’s record after a set period, provided they do not commit further offences. This process allows individuals to move forward without the burden of a past conviction affecting their opportunities.

What is a Spent Conviction?

A spent conviction means the offence is no longer publicly disclosed in most police checks. This can make a significant difference when applying for jobs, seeking rental properties, or travelling overseas.

To qualify for a spent conviction, the following conditions must be met:

The offence must not be a serious violent offence or a sexual offence.
The individual must not re-offend during the prescribed waiting period.
The waiting period is 10 years for adults and 5 years for juveniles.

Applying for Criminal Record Expungement

Expungement is different from a spent conviction. While a spent conviction means the record is hidden from most checks, expungement completely removes the offence from a person’s history.

Expungement applies in cases where a conviction:

Was wrongful due to miscarriage of justice.
Involved laws that have since changed, such as past LGBTQ+ offences that are no longer criminalised.

When Does a Criminal Record Still Appear?

Even if a conviction is spent, it may still appear in:

Police background checks for government jobs or working with vulnerable people.
Applications for firearms licences.
Court proceedings where previous convictions are relevant.

How a Criminal Record Affects Employment, Travel, and Licensing

A criminal record can have long-term consequences beyond the legal system. Many people are unaware of how past offences can limit employment opportunities, travel, and professional licensing.

Employment Restrictions

Many employers conduct National Police Checks as part of their hiring process. While some industries are more lenient, others impose strict hiring restrictions for applicants with criminal records.

Jobs in law enforcement, security, finance, and healthcare often have zero tolerance for past convictions.
Teaching, childcare, and aged care roles require Working with Children Checks, which can be denied based on prior convictions.
Many private sector employers consider an applicant’s criminal record when assessing suitability for a role.

Travel and Visa Restrictions

A criminal record can make international travel more complicated, as many countries impose entry restrictions on people with convictions.

The United States requires individuals with a criminal record to apply for a visa instead of using the Visa Waiver Program.
Canada has strict policies on criminal convictions, including DUI offences, and may deny entry.
The United Kingdom and New Zealand assess travellers based on the severity of the offence and how long ago it occurred.

Impact on Professional Licences

Certain industries require a clean record to obtain or maintain professional licensing. Convictions can affect:

Registration with legal, medical, and financial authorities.
The ability to work as a real estate agent, builder, or security guard.
Licensing for taxi drivers, bus drivers, and other public transport roles.

Legal Options for Managing a Criminal Record

A criminal record does not always mean permanent consequences. Depending on the circumstances, there are legal avenues to reduce or eliminate its impact. Seeking advice from a criminal lawyer in Melbourne can help determine the best course of action.

Applying for a Spent Conviction

Under the Spent Convictions Act 2021 (Vic), individuals with eligible offences can have their records sealed after completing the required waiting period without reoffending. For many minor offences, this process happens automatically, but some require an application.

A criminal defence lawyer can assist in lodging an application, providing supporting evidence, and representing clients in court if necessary.

Challenging Incorrect Records

Errors in police records are not uncommon. A conviction may be wrongly recorded or remain on a police check even after the required period has passed. Individuals can request a correction or removal of incorrect records through Victoria Police.

Appealing a Conviction

For those who believe they have been wrongfully convicted, appealing through the Victorian Court of Appeal may be an option. An appeal can result in a conviction being overturned, penalties being reduced, or a retrial being granted. The appeal process is complex, so engaging an experienced criminal lawyer is crucial.

Understanding Your Rights

Many people assume that a criminal record will permanently restrict their future. In reality, there are legal pathways to address past convictions and minimise their impact. Whether it is securing a conviction, appealing a case, or correcting errors, taking proactive steps can help individuals regain control over their future.

Protect Your Future – Get Expert Legal Advice Today

If you are concerned about how a criminal record may affect your life, speaking to an experienced criminal lawyer in Melbourne is essential. At Rebecca Burdon Legal, we provide expert advice on spent convictions, record corrections, and legal appeals. Contact us today to discuss your options and protect your future.