What does "Without conviction discharged" mean?
If your police check shows a result like "Without conviction discharged pursuant to Sn.19B Crimes Act 1914," this means:
- The court found you guilty of an offence
- However, the court decided not to record a conviction against you
- Instead, you were placed on a recognisance (good behaviour bond)
- This is a Commonwealth law provision under section 19B of the Crimes Act 1914
Similar provisions exist under state laws in various jurisdictions across Australia.
Why does it still appear on my police check?
Even though no conviction was recorded, findings of guilt are still part of your criminal history and can be disclosed on National Police Checks. The court outcome is considered relevant information for background screening purposes.
Is this the same as a spent conviction?
No. This is different from a spent conviction:
- A "without conviction" discharge is still a finding of guilt that appears on your record
- Spent conviction schemes vary by state and territory
- Different rules apply to Commonwealth matters versus state matters
- The jurisdiction where the offence occurred determines which rules apply
What can I do about it?
Option 1: Wait for the bond period to expire
If your recognisance (good behaviour bond) has expired and sufficient time has passed, you may be able to question whether it should still be disclosed. Rules vary by jurisdiction.
Option 2: Dispute the disclosure
If you believe this information is incorrect or shouldn't appear on your check, you can:
- Contact Worker Checks - we can lodge an NPCS dispute form on your behalf
- Provide any supporting documentation about the matter
- Wait for the outcome of the dispute process
Option 3: Seek legal advice
We recommend getting legal advice from a criminal lawyer in your state or territory about:
- Whether this finding can be removed from your record
- Spent conviction or discharge provisions that may apply in your jurisdiction
- Your specific circumstances and options
Each Australian state and territory has different laws regarding spent convictions and disclosure of criminal history.
Need help?
If you have questions about your police check results or need assistance disputing information, please contact our support team - raising a chat is usually the easiest option.