Do Traffic Offences Go on Your Criminal Record in Victoria?

If you've been charged with a traffic offence in Victoria, one of the most pressing questions you might have is: "Will this go on my criminal record?" The answer is complex, as the consequences of a traffic offence can vary dramatically depending on the seriousness of the charge. Many drivers are understandably confused about the distinction between a traffic infringement, a serious driving offence, and a criminal conviction.

This guide, prepared by the expert traffic lawyers at Rebecca Burdon Legal & Consulting, will provide clear, detailed answers to the most common questions about traffic offences and your permanent record in Victoria. We will break down the key differences to help you understand your legal standing.

Understanding Traffic Offences and Criminal Records in Victoria

Are traffic offences criminal in Victoria?

The short answer is: it depends on the offence.

In Victoria, traffic offences are categorised into two main types:

• Traffic Infringements which are generally strict liability offences, that is, offences where no element of knowledge or fault is required. These are minor offences handled by an infringement notice, such as speeding fines, parking tickets, or failing to stop at a stop sign. These are generally not considered criminal offences and do not result in a criminal record.

  
  

• Traffic Offences: These can be summary offences such as those set out in the Road Safety Act 1986 or more serious indictable offences as set out in the Crimes Act 1958. Summary examples include drink driving, drug driving, driving while disqualified or indictable such as dangerous driving causing death or serious injury. These are all considered criminal offences and can result in a criminal conviction being recorded against your name.

Do traffic offences show on police checks in Victoria?

Yes, but only certain types of traffic offences will appear on a formal police check (National Police Certificate).

A standard police check is primarily concerned with your criminal history. Therefore:

• Minor Infringements: Speeding fines, parking tickets, and other minor infringements that do not go to court will not appear on your police check. These are recorded on your traffic history, which is a separate record held by VicRoads.

• Serious Offences: If you are charged with a more serious traffic offence and the matter is heard in court, the outcome will be recorded. If you are found guilty, the finding will appear on your police check as part of your criminal record, the offence may be with or without conviction. 

How long do driving offences stay on your record in Victoria?

This depends on which "record" you are referring to: your traffic history or your criminal record.

• Traffic History: Your traffic history, which includes demerit points and infringement notices, is managed by VicRoads. Demerit points typically expire after a set period (usually three years), but the record of the infringement itself may be kept for much longer.

• Criminal Record: If a traffic offence results in a criminal conviction, it becomes part of your permanent criminal record. In Victoria, a conviction is generally considered "spent" after 10 years (or 5 years for a juvenile), meaning it will no longer show up on most police checks. However, there are exceptions, and for some professions (like law or policing), even spent convictions may be disclosed.

How long do traffic infringements stay on record?

Minor traffic infringements that are paid and do not go to court are recorded on your Victorian driving record (traffic history), not your criminal record.

While the demerit points associated with an infringement typically expire after three years, the record of the infringement itself is kept by VicRoads for a longer period. This history can be accessed by insurance companies when setting your premiums and by the police or courts if you commit future traffic offences.

Why You Need an Expert Victorian Traffic Lawyer

As you can see, the line between a simple fine and a life-altering criminal record can be very thin. Facing a serious traffic charge in Victoria without expert legal advice is a significant risk. An experienced traffic lawyer can analyse the evidence against you, identify potential defences, and advocate on your behalf to have charges withdrawn, downgraded, or to achieve the most lenient sentence possible.

If you have been charged with a traffic offence like drink driving, drug driving, or driving while disqualified, your character may come into question and impact your future.

Contact Rebecca Burdon Legal& Consulting  today for a confidential, no-obligation discussion about your case. Our expert traffic lawyers are ready to provide the powerful legal defence you need.