Pending charges on Police Check – Do they appear?

Do Pending Charges Show up on a Police Check?

Pending charges on Police Check – do they appear?  This is a very common question that gets asked at Worker Checks.

The answer differs by state.

The simple answer is YES. Pending charges DO show up on a Nationally Coordinated Criminal History Check  in all state and territories aside from Victoria.

However, pending charges DO NOT show up on a Police Check in Victoria.

Changes to Victoria Spent Convictions Scheme

From 1 December 2021 changes to the Victorian Spent Convictions Act commenced.

From this date you may notice changes to the information that is released by Victoria Police for Police Check VIC.

This includes the way a person’s criminal history information can be used and disclosed, including what can and cannot be released on a police record check. Some of the changes that have been implemented from 1 December are:

• Victorian convictions that are spent will no longer show up on a police record check, unless an exemption applies.
• Generally speaking, convictions with a sentencing outcome of 30 months imprisonment or less will be spent automatically after a 10-year crime-free period for adults and five years for young people.
• In some circumstances, a conviction will be spent immediately, including when a person was under the age of 15 when they committed the offence.
• Criminal charges where a court has not yet made a decision (pending charges) or information relating to an ongoing investigation by police, or a finding of not guilty by reason of mental impairment will in most circumstances not be released.
• The Spent Conviction Act will only apply to disclosure for standard employment checks.
• Where there is other Victorian legislation or existing national agreements (e.g. ECHIPWC/NDIS) or national laws (e.g. AHPRA) disclosure for those checks will not be affected.

Further information has been made available on the Department of Justice and Community Safety website at Spent Convictions Act 2021 | Department of Justice and Community Safety Victoria

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