Criminal Records in Victoria – How to Get a Clean Slate

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Until now criminal records in victoria has been the only state that does not have a ‘clean slate’ system for criminal convictions. However, this week Victorian Parliament passed a law that brings us in line with the rest of Australia. This means that for some eligible offences (including drug possession and shoplifting) a person can have their record effectively wiped clean after a decade. This will prevent discrimination against people with convictions, especially for those with a history of Indigenous offending. The move was proposed by Reason Party MP and chair of the committee that looked into the bill, Fiona Patten, and supported by Attorney-General Jill Hennessy.

Are criminal records public in Victoria?

Generally, Victoria Police will only release information about your criminal history if more than 10 years have passed since the date of the last finding of guilt. For juvenile offenders, this is 10 years from the date that they are released from custody (or in some cases, after a parole period). Victoria Police have an informal and discretionary policy about the release of old information called their Information Release Policy, which can be seen here.

It is important to know that this does not stop employers or government agencies from asking for a full police check. If you are applying for a job, renting an apartment, or getting a visa to work overseas you will still be required to give written consent for Victoria Police to send a criminal history check to the agency/employer. Usually, the check will not include spent convictions, but for certain jobs like those working with children or in sensitive government roles a full record will be shown.

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