Please be ready with your application reference number starting with 'P'. For example P1234567
Many of you get interested in the subject of the Spent convictions scheme. The spent convictions scheme is guided by the law for each Australian state and territory. In Tasmania, the Annulled convictions Act of 2003 sees that spent convictions are usually “respected” in the state.
Annulled offences are removed from a person's criminal record results with only "serious" offence displayed (if any). It comes after the individual satisfies some conditions, including expiring the "crime-free" period applicable without committing another offence.
Under the convictions Act, a conviction will become annulled after;
The general benefit of an annulled offence is that it does not get disclosed in a Police Check in Tasmania. Since employers, licensing agencies and so on use police check results to assess a person's suitability for a role/application, having some offences may hamper your chances.
However, it will be unfair to hold a "minor" offence against a person for the rest of their lives. And that is why certain offences (under the annulled convictions scheme) are removed from the person's criminal history check result. It means this conviction will not come up in your subsequent or updated criminal record checks unless you relapse into the offence.
After satisfying the conditions either prescribed by the convicting court or under the scheme, and your result becomes spent, you will enjoy;
It means you are not obligated under any law to reveal the details of the conviction. Even if a potential employer queries you about the conviction, as long as it is not in your police records, you may deny it.
For example; if your offence for "offence A" becomes annulled after 10 years of your good behaviour, your criminal check will read all other valid offences apart from "offence A". If you have no standing conviction, then your check will come out with a no disclosable court outcome (NDCO)✔ It is not released to other agencies/organisations
If there is no express court order or State pronouncement, your annulled convictions will not be released to the public or any organisation.
It is an offence in Tasmania to knowingly release details of an annulled convictions without the applicant's permission.
However, in some cases legislation permits releasing annulled convictions, for example, for the following roles:
You can apply for more job positions
The downside to having some offence in your criminal background check is that some organisations may be paranoid to hire.
However, with the conviction gone, the individual becomes “free” to apply for that role. The annulled convictions Act in Tasmania is a way for individuals to begin afresh.
In revised legal advice of 2013, the Tasmanian police has reviewed and released policies on how they will handle disclosure of annulled convictions. Some include;
“Minor offences” are usually the main beneficiaries of the annulled convictions scheme. If an individual commits a serious offence like;
These offences can never be annulled.
Serious offences generally remain in the person's criminal record for life. Offences that threaten the community and resources are usually "serious" offences and are disclosed in a national police criminal history check report.
In Tasmania, applications are not usually submitted to have a police record annulled. However, individuals can still know if their eligible offences get annulled in their records by applying for a national police clearance check.
Police Checks are nationwide documents that include all an individual's criminal history and records, including; court appearances, pending charges, traffic convictions and other related criminal offences "not annulled".
You can obtain a valid crime check online via the Australian National Character Check.
Should you have further questions about spent convictions in Tasmania, please contact the criminal records department of the Tasmanian police force.
Anulled Convictions Act 2003 - https://www.legislation.tas.gov.au/view/html/inforce/current/act-2003-046
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