Person conducting criminal background check on computer.
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Criminal Record Checks in NSW: What Shows Up and For How Long?

ByBlacktown Criminal Lawyers

You’ve applied for a new job. Or maybe you’re applying for a visa, volunteering at your child’s school, or even facing court for a minor offence. But one question keeps nagging at you: “What’s actually on my criminal record…. and will it ever go away?”

At National Criminal Lawyers®, we regularly assist clients with managing the legal consequences of criminal records, including defending minor charges to avoid a conviction, applying for non-conviction outcomes like Section 10 dismissals, and advising on record checks for employment and immigration.

In this blog, we break down what shows up on your criminal record, how long it stays there, and what you can do about it, especially if you’re searching for a “criminal lawyer near me” to help avoid lasting damage.

What Is a Criminal Record?

A criminal record is a documented history of your interactions with the criminal justice system. It may include:

  • Convictions from court (even if no jail time was imposed)
  • Section 10s and conditional release orders (depending on the type of check)
  • Good behaviour bonds or other penalties
  • Spent convictions (in some cases)

The two most common types of checks are:

  • National Police Check (NPC): Often used for employment, visas, and volunteering
  • Criminal History Check for court purposes: More detailed, includes all convictions and pending matters

What Shows Up on a Criminal Record Check in NSW?

In general, a National Police Check will show:

  • All convictions not classed as ‘spent’
  • Any current or pending court matters
  • Sometimes Section 10s, especially if recent or relevant to the check (e.g. working with children)

A Section 10 dismissal or discharge may appear but is not a conviction. It’s up to the discretion of the authority reviewing the check (e.g. employer, immigration agent) how they interpret it.

More serious or recent offences will almost always appear.

How Long Does a Criminal Record Last?

NSW applies the Criminal Records Act 1991 (NSW), which introduces the concept of spent convictions.

Under Section 7, a conviction becomes “spent” if:

  • 10 years have passed since the date of conviction (or 3 years for juveniles);
  • No further offences have been committed during that period;
  • The offence was not punishable by more than 6 months in prison;
  • It wasn’t for certain excluded offences (e.g. sexual offences).

Once a conviction is “spent”, it generally won’t appear on a standard police check.

What Doesn’t Become Spent?

Certain offences are excluded from becoming spent under the Criminal Records Act:

  • Sexual offences
  • Convictions for which a prison sentence of more than 6 months was imposed
  • Convictions against corporations
  • Convictions prescribed by regulation

Also, some authorities like immigration departments or government security clearances can access all convictions, even spent ones.

Will a Section 10 Still Show Up?

Sometimes. A Section 10 dismissal or discharge (now called a non-conviction order under the Crimes (Sentencing Procedure) Act 1999) is not technically a conviction but it may still appear on your police check, particularly for:

  • Working with Children Check (WWCC)
  • Firearm licence applications
  • Immigration/visa applications

This is why avoiding a finding of guilt in court (not just a conviction) can be strategically important and why engaging a criminal defence lawyer Sydney is often critical even for minor offences.

Can You Clear or Remove a Criminal Record?

You generally can’t “delete” a criminal record unless:

  • It becomes spent after the required period; or
  • You successfully appeal the conviction; or
  • You receive a Section 10 or other non-conviction order; or
  • In limited cases, by applying under s 19 of the Criminal Records Act for a conviction to be treated as spent.

For serious Commonwealth offences, federal law applies, and spent conviction rules under the Crimes Act 1914 (Cth) may differ slightly.

FAQs

Will a driving offence appear on my record?

Yes, if it went to court and resulted in a conviction. Fines alone (from RMS or police) do not go on a criminal record.

What if I was found not guilty?

Findings of “not guilty” do not form part of a criminal record.

Does a criminal record affect travel visas?

Yes. Countries like the USA, Canada and the UAE ask for full disclosure, including spent convictions.

Can employers see my whole record?

Usually no. Standard checks only show unspent convictions unless you’re applying for a role with extra legal obligations (e.g. childcare, security, finance).

Criminal Records Don’t Have to Define You

A criminal record can affect your ability to:

  • Get a job
  • Travel
  • Hold a firearm licence
  • Sponsor a visa
  • Maintain a clean reputation

But in many cases, it’s possible to avoid a conviction entirely or ensure the record won’t follow you forever.

At National Criminal Lawyers, we:

  • Appear in Local and District Courts across Sydney, Parramatta, Blacktown, Penrith, Wollongong and Mt Druitt
  • Apply for Section 10 non-conviction orders and spent conviction declarations
  • Run criminal appeals to overturn past convictions

📞 Call 1800 CRIM LAW today to speak with an experienced criminal record lawyer near me.

We fight harder, because your past shouldn’t define your future.

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