Do I Need to Tell My Employer About Criminal Charges?

Being charged with a criminal offence can feel overwhelming — especially if you’re worried about how it might affect your job. One of the most common questions we get at National Criminal Lawyers® is this:

“Do I need to tell my boss I’ve been charged with a crime?”

The short answer? It depends.
The long answer… Let’s unpack it properly.

What the Law Says: Do You Have a Legal Duty to Disclose?

In general, there is no blanket legal requirement in Australia that says you must tell your employer you’ve been charged with a criminal offence.

But — and it’s a big but — some situations create an obligation, and not disclosing could lead to disciplinary action or even termination.

Key scenarios where disclosure may be required:

Your employment contract or workplace policy says so

Many employment contracts — especially in professional roles — require employees to disclose criminal charges or police investigations. This is particularly common in:

Government roles
Health and aged care
Childcare and teaching
Security and law enforcement

If your contract includes this clause and you fail to disclose, you could be found in serious breach of your duties — even if you’re later found not guilty.

You hold a professional licence or clearance

If you’re a:

Teacher (WWCC)
Security guard
Nurse
Uber driver
Real estate agent

then being charged — not just convicted — can trigger a duty to report to the relevant authority or your employer.

For example, under the Working with Children Check (WWCC) scheme, you may be barred from working with children if charged with a disqualifying offence.

The WWCC disqualifying offences apply if:

you have a conviction for a disqualifying offence, and
you were 18 years or older at the time of the offence.

And they include:

Murder, attempted murder, and genocide
Child abuse material (sexual or physical), child pornography, child prostitution offences
Sexual assault offences committed against a child or vulnerable adult. This includes assault with sexual intent, and sexual offences resulting in physical harm
Other sexual offences committed against a child under the age of 14 years, a child who is more than 5 years younger than the offender, or a vulnerable adult. This includes sexual touching, carnal knowledge, indecent acts, indecent assault, inciting sexual acts, and sexual intercourse with a person under the age of consent
Offences involving intentional harmful conduct resulting in the death of, or serious physical harm to, a child or vulnerable adult. This includes poisoning, arson, detonation of explosives, contamination of goods, discharge of firearms, organ trafficking, people smuggling, and female genital mutilation
Serious violence offences (such as torture, strangulation and choking) committed against a child or vulnerable adult
Kidnapping offences committed against a child or vulnerable adult who is not a familial relative of the offender
Bestiality

The charge is directly related to your job duties

If you’re charged with an offence that interferes with your ability to do your job, you might be required to inform your employer.

For instance:

A delivery driver charged with mid-range drink driving.
A cashier charged with stealing as a servant
A tradesman charged with assaulting a co-worker on site

In such cases, even if not formally required, non-disclosure may erode trust, and your employer could argue you’ve breached the implied term of mutual trust and confidence.

What If I’m Found Not Guilty? Does It Still Matter?

Yes — especially if your workplace has already taken action.

While the presumption of innocence is a cornerstone of our legal system, workplaces are not courts. Employers are allowed to make decisions based on reputational risk, safety, and internal codes of conduct — even before a verdict.

If you’re later found not guilty, your employer is not automatically obliged to reinstate you or undo previous disciplinary action.

This is why it’s so important to:

Get legal advice early
Consider how and when to communicate with your employer
Understand your rights under the Fair Work Act 2009 (Cth)

Do I Have to Tell My Boss If I’ve Been Convicted?

This is a very different question from being charged.

Once you’ve been convicted (i.e. found guilty in court), some situations legally require you to disclose it.

These include:

Jobs in child-related or vulnerable person work (under Working With Children Act 2012 (NSW))
Applying for security licence
Some roles in government, banking, education or health care

A conviction can also affect:

Your Working with Children Check
Your Police Clearance Certificate
Your Right to Work in certain industries

For general workers, your boss might not find out — but if they do, and the conviction is considered serious, relevant, or reputationally damaging, they may initiate workplace action.

Tip: If you’re worried about the long-term impact of a criminal record, speak to us about options like a section 10 dismissal, conditional release orders, or future spent conviction applications.

Can I Be Fired for Being Charged With a Crime?

It depends on the circumstances.

Under the Fair Work Act, an employee can be dismissed for serious misconduct, which may include:

Criminal conduct that damages trust or reputation
Actions that affect workplace safety
Criminal offences that interfere with job duties

But here’s the catch:
Being charged is not the same as being guilty. Many employers jump the gun. If you’ve been dismissed before conviction, you may have a case for unfair dismissal, particularly if:

You’ve worked there over 6 months (or 12 months in small business)
Your employer didn’t give you procedural fairness
The conduct had no connection to your job

At National Criminal Lawyers®, we often liaise with employment lawyers to help defend your rights at work while we deal with the criminal side of things.

What Should I Do If I’ve Been Charged but Don’t Want to Lose My Job?

Step 1: Get legal advice — fast

The first thing you need is a clear understanding of the charge, your plea options, and your legal risk. At this point, don’t rush to tell your boss without a strategy.

Step 2: Check your employment contract

Look for:

Mandatory reporting clauses
Codes of conduct
Conflict of interest policies
Licensing or compliance conditions

If unsure, speak to your HR or employment lawyer before disclosing.

Step 3: Consider voluntary disclosure

Even if not required, some clients choose to disclose the charge early — especially if:

It’s going to make the news
It affects their work schedule (e.g., court attendance)
It builds trust with their employer

If handled carefully — and especially with a letter from your lawyer — it can actually protect your position in the long term.

Real-Life Example: One Charge, Two Problems

Our client, a licensed tradesman, was charged with common assault after an incident at a pub. The charge was unrelated to work, but he was required to notify the Department of Fair Trading as part of his licensing.

He didn’t tell his employer.

Six weeks later, his supervisor found out from the police during a licensing check. He was suspended without pay.

We, the best Criminal Lawyers in Sydney:

Represented him in the criminal matter (ultimately withdrawn after CCTV showed he was defending himself)
Helped liaise with his employer and regulator
Avoided a criminal conviction AND got him reinstated

Can You Hide a Charge From Your Employer?

Many people ask us if their boss will “find out.” There’s no public “charge database” like there is for convictions — but police may notify regulators, licensing authorities, or professional bodies. If your employer is tied to any of those, they may eventually be informed.

Some employers also run random police checks, particularly in:

Government
Aged care
Schools and child services
Healthcare

So while you can technically withhold information, it’s not always safe to assume they won’t find out.

The Bottom Line: When in Doubt, Call Us First

Criminal charges don’t just affect your freedom — they can threaten your job, your family, and your future. But with the right legal advice, you can stay ahead of the process and make sure your rights — at court and at work — are protected.

At National Criminal Lawyers®, we’ve helped hundreds of clients avoid criminal records, keep their jobs, and restore their reputations.

Call us today on 1800 CRIM LAW

Your first consultation is free, and we’ll give you clear advice on what to do next — and what NOT to say at work.