If you’ve been asked to apply for a Nationally Coordinated Criminal History Check as part of a job application process, you might be wondering whether it’s  possible to clear your criminal record. And, thanks to spent convictions legislation in place in regions across Australia, it is.

See below for information on how spent convictions legislation works and how it varies between different States and Territories.

Plus, find out more about how the national police checking (NPC) process works if you have spent convictions, how to dispute NPC results if your spent convictions show up on your certificate, and how long a certificate with unspent convictions is valid.

What types of convictions are in my Criminal Record?

There is spent convictions legislation in place in all Australian States and Territories. Simply put, this exists to automatically clear the criminal records of former offenders, meaning wiped or ‘spent’ convictions will not show up on their Nationally Coordinated Criminal History Check certificates.

There are, however, certain terms and conditions to bear in mind as well as variations in the application of this legislation in different states.

For starters, convictions will become spent after different waiting periods in different areas of Australia. In addition, some convictions can never become spent, and there are circumstances under which even spent convictions will be disclosed in a check certificate.

How Long Before a Conviction Becomes Spent?

Generally speaking, a conviction becomes spent after 10 years if it was given when the offending person was an adult, or five years if the offender was a child at the point of conviction. However, these rules may vary depending on the region in which a person received their conviction.

In New South Wales (NSW), for example, a child’s conviction will be considered spent after just three years. Plus, some convictions in the region may be wiped early as the result of good behaviour. So, it is advised that you meet the conditions of your conviction if you want to apply for a police check NSW and receive a national police certificate with no listed convictions.

What Criminal Offences Will Never Become Spent?

In most States and Territories across Australia, sexual offences can never become spent, no matter how many years have passed since the date of conviction. As such, any sexual offences committed will always show up on an offender’s NPC certificate. In some instances, this is also the case when the offender was a minor at the time of conviction.

Additionally, convictions in Western Australia will not become spent automatically. Rather, those with convictions on their criminal record must apply for a spent conviction on the Western Australia government website.

Keep this in mind if you are applying for WA police check. If you fail to apply for a spent conviction in time, it may still be listed on your national police certificate.

Under What Circumstances Will My Spent Convictions Be Disclosed in an NPC?

Even if your convictions become spent, there are some instances in which they might still be disclosed on a national police certificate.

You may notice that, during the NPC application process, you are asked to provide information on the purpose of your national police check. If the reason you need a police certificate is any of the following, older convictions may still appear:

• Working with children.
• Working with the elderly.
• Working with disabled or otherwise vulnerable people.
• Working in immigration.
• Working as a commercial driver.
• Employment in a hospital.

To find out if older convictions are likely to be disclosed on your police certificate, refer to the police check legislation for your State or Territory.

What Information Does a Police Check Certificate Typically Include?

The primary purpose of a police check certificate is for employers to ascertain whether you have any convictions on your criminal record, particularly those that would make hiring you a risk either to the company or the people it serves. As such, every certificate will come back either with ‘disclosable outcomes’ or ‘no disclosable outcomes.’

Disclosable outcomes are the convictions that are listed on the certificate. If you have been charged for a crime but have not yet appeared in court, that charge may be included as well.

If your certificate has no disclosable outcomes, that most likely means you have no recorded convictions, or your convictions have become spent. Or, it could mean that any convictions found during your criminal record check were not considered relevant to the position you applied for.

Will Interstate Convictions Be Included on My National Police Certificate?

Yes, your national police certificate will list any relevant convictions from all States and Territories throughout Australia. Even when you apply for a regional (or state based) police check, police databases from all regions will be searched. In doing so, the information you provide can be matched with person of interest records across the country.

So, if a person were convicted of a crime in Brisbane, that conviction would still show up on their national police certificate if they applied for SA police check.

How Accurate Are National Police Checks?

As long as you enter the correct details upon application, the outcomes listed on your national police certificate should be accurate. However, even small mistakes in the spelling or spacing of the information you provide could result in an inaccurate search.

It is in your best interests to provide the right information when completing an NPC online application. That way, you can be sure you won’t receive a certificate that lists convictions that are not attributable to you.

If we have reason to believe that the information you provided is incorrect, we will contact you as soon as possible. We may be able to amend any mistakes for you before the police checking process begins. However, please note that we do reserve the right to reject applications that contain inadequate information.

What Personal Information Do I Have to Provide for My NPC Application?

For the first step of your police check online application, you will be asked to enter your name, contact details such as your email address and phone number, and information related to the purpose of your police check.

Then, after you pay your fees through the secure online platform, you will be prompted to provide the following additional details:

• Your gender.
• Your date of birth.
• Five years of address history.

Will My National Police Check Certificate Show Spent Convictions If My Identifying Documents Are in Different Names?

As well as your personal information, you also need to provide four types of identifying documentation. If you have recently changed your name and not had time to update your IDs, you will be required to include an official marriage certificate or change of name document in your application, too. This will help to prove the link between your former name and current name.

So, if you have convictions that only became spent following your legal name change, you don’t have to worry about those convictions showing up on your police clearance certificate. Any changes to your convictions will be acknowledged, whether or not you’ve had time to update your documents.

What Happens When I Submit My National Police Check Application If I Have Spent Convictions?

Once you have entered your details, uploaded your identifying documents, and paid your fees, you should be just about ready to submit your application. The process that follows is the same regardless of whether you have spent convictions, unspent convictions, or no convictions at all.

As soon as we receive an application, we check that the information provided is accurate before submitting it to the National Police Checking Service. There, they will search national and all regional criminal databases to see if there’s a match between the information you provided and persons of interest known to the authorities.

Before your results are returned to Worker Checks, they will be sent to a police agency. There, it will be determined what convictions (if any) will be included in your application. So, if you have spent convictions, this is the point at which that they will be struck from your certificate. The only exception is if your spent convictions are found to be relevant to the purpose of your application.

Will It Take Longer to Process a National Police Check If I Have Spent Convictions?

In most cases, it takes just one hour for an applicant to receive their certificate. However, in some instances, the process can be delayed for up to 15 days. This happens when the National Police Checking Service selects an application for further review.

It is not possible to predict whether your application will be selected for review because it can happen whether you have spent convictions or not.

Can I Dispute the Disclosable Outcomes on My National Police Certificate If I Have Spent Convictions?

If your national police certificate is returned to you with disclosable outcomes but you believe your convictions have become spent, it is possible to dispute your results. However, please bear in mind that if your certificate shows your spent convictions, there will most likely be a reason why.

Remember that there are certain exceptions to spent convictions legislation. These state that if your spent convictions are relevant to the purpose of your NPC application, they may still be included on your certificate.

Say, for example, that an applicant needs an NPC certificate for employment in a school. If that applicant has prior convictions for offences against children, it is highly likely those convictions will be disclosed, regardless of how long it has been since the offence occurred.

Still, if you would like to dispute your results, you should contact us as soon as possible. We will be able to liaise with the Australian Criminal Intelligence Commission on your behalf.

Will I Need to Get a New National Criminal History Check If My Convictions Become Spent?

Any police check is a ‘point in time’ check. As such, the certificate you receive will be valid at the time of issue. It will only be considered invalid when the organisation that requested it asks you to renew or if the status of any of your conviction’s changes.

Therefore, you will be required to apply for a new national police certificate when your convictions become spent. It is likely to be of more benefit to you to produce a certificate with fewer or no disclosable outcomes.

Can I Still Get Hired If My Check Certificate Shows Unspent Convictions?

Having no disclosable outcomes is the desired result for most people who apply for a police check in Australia. However, having unspent convictions listed on your certificate does not necessarily mean you won’t get hired.

It’s worth bearing in mind, though, that not all organisations will ask you to complete a national police check. Those that do will quite likely have a good reason for not wanting to take on applicants with a criminal history. This is especially true of offenders whose convictions are considered to make them a higher risk to the people the organisation serves.

Are There Any Other Ways to Clean My Criminal Record in Australia?

No, the only way to clear your criminal record in the different States and Territories across Australia is for your convictions to become spent.

That being said, spent convictions legislation is applied slightly differently in the different regions of Australia. So, it’s worth reading up on the way spent convictions work where you are. The outcomes disclosed on an applicant’s NPC certificate may vary depending on whether they apply for a police check Vic, one in Queensland, or elsewhere in the country.

Police checks (National Criminal History Checks) are a common procedure in Australia for employment purposes. Many recruiters request a mandatory police check from candidates as part of the job entry process. This is mainly to verify the identity of the candidate, and to disclose important information regarding their police history which may affect their suitability for the role they apply for.

Australian police checks strengthen the employment screening process to protect the most vulnerable people in the community. By accessing the details of a person’s police background through a criminal record check, the organisation or employer can make an informed choice as to whether they post a threat to vulnerable persons. All applicants must be thoroughly assessed and approved for work in this sector.

Who Is Classified As A Vulnerable Person?

A vulnerable person refers to:

• Minors under the age of 18, i.e. a child or children
• A person over the age of 18 who is or may not be able to take care of themselves. This includes an inability to protect themselves against harm or exploitation.

In general terms, there are three groups of people in the community who are categorised as vulnerable persons. This includes children, the elderly and people with a disability. A National Police Check can be used for pre-employment screening for individuals working or seeking to work with any of these groups. There are also other types of checks which provide a more thorough screening for each group, such as Working With Children Checks and NDIS Worker Screening Checks.

What Makes A Person Vulnerable?

A person is classified as vulnerable if they are not completely capable of taking care of themselves, whether for physical or mental purposes. It could be for reasons of age, disability, physical or mental illness, trauma, or any other matter that makes a person less able to protect and care for themselves.

What Is The Vulnerable Sector?

The sector of industry which works with vulnerable people includes any type of setting where a level of care is provided. This includes the aged care sector, childcare and care for people with a disability.

People working in this sector are employed to support and care for the mental and physical wellbeing of people who cannot fully care for themselves.

Positions working with the vulnerable can include:

• Roles within Information and Technology services which handle sensitive information belonging to vulnerable people or where the employee has access to personal information
• Voluntary positions working in various community service industries such as mental health services, women’s services, homeless support, youth support, addiction support etc.
• Health professions such as doctor and nurse roles
• Carers, residential support workers and community support workers
• Any child-related employment, including health, education, child welfare, entertainment and religious sectors

What Requirements Are Needed To Work With The Vulnerable?

The main requirement needed for undertaking work with vulnerable groups is a National Police Check to produce a full criminal record check. This not only determines that the person does not have any prior convictions, but confirms that the person is who they claim to be.

An individual cannot partake in work, whether employed or voluntary, with vulnerable people without obtaining national police clearance.

Who Cannot Work With The Vulnerable?

Following the disclosure of a person’s criminal record check on a National Criminal History Check, the information will be assessed.

Having a criminal record does not definitely exclude you from working with vulnerable people. However, this is highly dependent upon the offences committed, and the role which you apply for. Each case is assessed individually by police authorities and many aspects are taken into consideration during the review. For example, this could include how long ago the offence happened, the nature of the offence, how relevant it is to the role, and the type and level of contact that the applicant will have with the vulnerable person.

Some prior convictions which include serious crimes will immediately prevent the person from working with vulnerable people. This typically includes murder, assault, sex crimes and cruelty to children.

It is the responsibility of the police agencies across Australia to ensure the disclosure of important criminal history on a National Police Certificate so that employers are made aware before hiring any individual.

Why Is A Police Check Important?

A police check is crucial for industries working with vulnerable groups whether children, the elderly or disabled persons. This is because the organisation must know who they are hiring and carry out a full risk assessment based on the individual’s background check. Mandatory police clearance strengthens the screening process to prioritise the safety and protection of those with a vulnerability.

An Australian national police check is highly common for pre-employment processes. Putting and keeping the vulnerable in safe hands is a top priority for police check requirements. Only fully screened and approved individuals should be given access to work with vulnerable people to ensure the best possible level of service and protection to those who need it.

The background check will reveal any prior offences committed by the employee/potential employee which will be reviewed to determine if these prior crimes could put vulnerable people in their care at risk.

Caring for vulnerable people is a serious profession, and a police check is vital for this industry.

What Protective Measures Are In Place?

When a person applies for a job working with vulnerable people, they are required to submit a police check for safety measures. Every National Police Check requires 4 identity documents and some personal information including names, date and place of birth, and 5 year residential address history. The document requirement is in place to better confirm and validate the person’s identity while checking for consistency in the person’s information.

When applying for a police check online, the applicant will be asked to confirm whether they are going to be working with children or vulnerable people. This gives the police agencies a better understanding of the importance of the criminal background check, and allows the application to be assessed correctly using the right protocol.

The authorities will then use spent convictions legislation and other relevant policies to determine the potential level of risk from the individual. The screening will review any patterns in behaviour, one-off offences, or crimes which could be linked to or have an impact on vulnerable persons.

There are other types of checks which are targeted to specific industries within the vulnerable care sector, including Working with Children Checks and NDIS Worker Checks for those working with people who are living with a disability.

Working With Children Checks

The Working With Children Check in Australia is another type of police check for screening people who work or seek to work with children, including volunteers. While each Australian state and territory has its own measures in place, Working with Children Checks are mandatory across Australia to ensure safe environments for children.

People who may require a this type of check include anybody applying for child-related work, such as the following:

• Accommodation services
• Child protection
• Child-minding
• Coaching, clubs and sports
• Education
• Child health
• Child transport services
• Religious organisations

NDIS Worker Screening Checks

An NDIS Worker Screening Check is the assessment of an individual who works with, or applies to work with people with disability. This is different to a National Police Check in that it is more thorough, and is targeted directly to those who seek to work in disability services.

The assessment clarifies if the individual could be harmful to the disabled persons, or pose any sort of risk to them. This will prevent unsuitable candidates from being employed in certain roles that work closely with people with disability.

More information on NDIS Worker Screening Checks can be found on the website of the NDIS Commission.

Working With Vulnerable People Registration

The Working with Vulnerable People Registration is another type of check for individuals working with vulnerable groups. This is an assessment which is ongoing to ensure the eligibility of the individual employed or volunteering in a vulnerable persons environment.

Unlike the National Police Check which is a point in time check, the Working with Vulnerable People Registration is ongoing, performing regular reviews of a person’s criminal history or any other police related information. Whether or not you need this type of check is dependent on the legislation of different states and territories in Australia.

Spent Convictions Scheme

The general aim behind spent convictions legislation is to stop individuals from being judged by certain older, previous convictions by limiting the disclosure of such offences following a period of good behaviour. This is the case where convictions are less serious, or were committed a long time ago when the individual was a youth.

Under Commonwealth law, the spent convictions scheme is usually passed after a 10 year period if the offender has continued with good behaviour and has not reoffended in this time.

In many cases, individuals with spent convictions who apply for jobs working with vulnerable groups will have their full police history disclosed, no matter how long ago the offence took place.

How Long Is A Police Check Valid For?

A National Police Check is valid at the date of issue, which means the certificate only reports on offences up to this date. This is called a point in time check. While a national police certificate does not officially expire, organisations and employers must decide how often they require an updated check, and whether it is satisfactory to accept an old check.

How To Get A Check

A National Police Check can be obtained by applying for a police check online with an ACIC accredited NPC provider such as Worker Checks.

Some organisations will have their own protocol for obtaining a police check and will use particular providers. You should check this when applying for a job, but it is usually referenced in the job advertisement.

Your organisation or potential employer should inform you of any other types of police check you may need, such as checks for working in the childcare or disability sector. Organisations often use police checks as part of their own investigation into candidates, but some roles are required by law to include certain types of checks, such as Working with Children Checks and NDIS Worker Screening Checks.

How Police Checks Protect The Vulnerable

Police checks work as a proactive measure to prevent danger or harm coming to the people in society who are more vulnerable. By conducting a police check during the employment process before an individual begins working in the industry, the employer or organisation is informed of important information which may affect the decision as to whether the person applying for the role poses a risk.

People working with the vulnerable populations must be of good character, and not have any prior convictions or charges which could jeopardize the safety of the person or people under their care.

All organisations in the vulnerable care industry must ensure proper protocol is followed and measures are taken to keep those most at risk in the safest environment.

Police checks are common practice for many industries across Australia, with thousands of citizens applying for national police clearance every year.

The National Police Checking Service will always endeavour to complete and return a police check application as soon as possible, but in some cases the process is delayed. There are multiple reasons as to why this may be. Here is everything you need to know about delayed police checks in Australia.

What Is The Process For A Police Check?

The process for a police check is quite simple. In this case, a police check refers to a National Criminal History Check, which is also called a Nationally Coordinated Criminal History Check.

The applicant can apply manually, or complete a police check online with a registered provider such as Worker Checks, who will handle the process for you once you submit your application.

After submitting your application, the process is as follows:

• Your application will be reviewed for accuracy and consistency with the information you have provided, as well as identity documents provided
• If all is well, you are required to give your consent to have your information passed on to the National Police Checking Service, who will search the national database for matches to Persons of Interest
• If your information matches with an existing Persons of Interest record, the Police History Information records will be searched next. This step clarifies which information, if any, will be disclosed in your police check.
• The results of the police check are returned to the NPC provider handling your application and they will be made accessible to you in a document called a national criminal history check
  

Where Does My Information Go?

The information provided on your application for a police check online is first assessed by the accredited NPC provider you have chosen to use, such as Worker Checks. Once the provider is satisfied with the information received, it is given to the National Police Checking Service for further review. This service is used by police agencies across all states and territories of Australia.

How Long Does A Police Check Take?

Different providers of police checks have different timeframes for results. Generally, the process is completed within 1 hour. This applies to most applicants with a 70% success rate. The remaining 30% are delayed for various reasons, most commonly for further review. A delay could mean waiting up to 15 business days for the results of your criminal record check to be returned.

For this reason, you should complete an online police check as soon as possible should you require one.

Why Is My Check Taking So Long?

Police checks are performed by computer systems which run your name and details through police databases in search of a match. This generates an automatic pairing with police history records. This can be a speedy process for many applications, but for others it can be more complex. If the computer is unable to generate a result with certainty, your application may require manual processing.

Manual processing is when your application must be checked and assessed manually, by police authorities. This can be a timely process, and will add more time onto the process.

If a match is found on the database, or your name and details match another person of interest, it will be flagged for further review. A true match must be confirmed, and the computer system is not always able to confirm this conclusively, so people are needed to investigate the matter by hand.