Police Record - How would I clear it ?

[Rocket]

So I'm talking to a work colleague and we discuss police records.
Now, when i was young and silly I got into a little trouble.
You know, minor drug offences and stuff, plus some traffic convictions.

I recall being told that after 10 years or something, you can get them cleared from your record.
Is this true ?
If so, what sort of offences can be removed ? ie Serious vs Minor Crimes.

So how would I find out what's on my record and how would I go about having offences removed from it ?

[Dubs]

I 'know' someone who went to the big cop station in northbridge and got a copy of what was on file then just filled in a form and paid a small fee and it's gorn

Dubs

[Barfridge]

It's called a 'spent conviction <something something>' form, and you should be able to get it at most copshops.

[Sprint]

Get a Police Clearance ($44) and it will list your rap sheet at the bottom.
You then write to the Commissioner of Police and request removal.
You can also request that your DNA records (if they were sampled/taken when you were charged) be destroyed.

S.

[Dubs]

ok

If it is under 1 year in prison OR fines under $15k then you go to any local cop station and ask for a 'spent conviction' form, I thought there was an application fee but 131 444 just said "to our knowledge there is no application fee", they are probably wrong tho - take ID

Anything above this you must make an application to your local court to have reviewed and possibly spent.

Dubs

[shmoo]

Interesting.

so is it where your served under a year, or where the max sentence for the offence was under a year?

[Wedge]

I take it your a bouncer.

[Dubs]

Interesting.

so is it where your served under a year, or where the max sentence for the offence was under a year?

AFAIK it is what was handed down and physically served

I take it your a bouncer.

me or rocket?

Me: Since '92, not one charge laid against me

Dubs

[Ferris]

No wai would there be charges for Dubs "Silvertongue" McBouncington.

[Hornet]

Who'd be silly enough to try to charge him????

[perdition]

Get a Police Clearance ($44) and it will list your rap sheet at the bottom.
You then write to the Commissioner of Police and request removal.
You can also request that your DNA records (if they were sampled/taken when you were charged) be destroyed.

S.

only if you were found not guilty

police clearance are now done at your local post office

and there is no fee for spend conviction app

the convcition you are tryin to have spent must also be 5/10 years ago

bear it mind it is an application and not an automatic thing - your app can be refused

[Lach]

edit: nvm

[Barfridge]

cheers perdition

[Dubs]

2 diff things now tho

police clearance = post office

spent conviction application = local cop station or local court (dependant upon how nordy)

Dubs

[Dubs]

You can also request that your DNA records (if they were sampled/taken when you were charged) be destroyed.

S.

This is interesting, could be beneficial for a few ppl with a chequered past

Dubs

[lit]

What about driving records? Do you still have to wait 5 years?

[-JC-]

In WA "lesser" convictions can be spent if:
The conviction is less than 1 year imprisonment or a $15,000 fine;
10 years has expired since your last conviction (anywhere in Australia).
You can have this spent just by applying for a National Police Certificate at your local post office ($53.25), the spent conviction application form and national police certificate application forms have been merged into a single form.

A Serious Conviction (over 12 months or over $15,K) may be spent by application the the District Court (or Supreme Court) depending where the original conviction was heard...this process is a bit more complicated and I'd suggest geting a solicitor.

If you were a juvenile (under 18) at the time, then the conviction should have been automatically spent after 2 years.

SPENT CONVICTIONS ACT 1988

Each State has it's own laws so if you have convictions in other States they're dealt with differently.

A Spent Conviction does not mean that it's gone, just not normally released for employment purposes. (with exceptions for working with children, becoming a police officer, etc).

-JC-

[-JC-]

What about driving records? Do you still have to wait 5 years?

If it's a Court conviction, then yes you need to wait 10 years regardless if it's Traffic or Criminal.
If it's a traffic infringement (ie ticket that didn't go to Court) then the Spent Convictions Act doesn't apply.

-JC-

[XSorXpire]

So once you have your convictions cleared does that mean countries like the US can find about any previous drug convictions?
(I'm checking for a friend. Honest).


Posted via Mobile Device

[perdition]

intersting point, i know or police clearances they do not show up

but the immigration form asks - have you ever been convicted of any offences
yes or no - doesnt ask anything about them being spent

you could put no/yes - but i dont know what details are/are not available for them

my understanding on spents (and take it with pinch of salt) -

if you got convicted of say stealing in 1985, 1990 and 1995, you get all them spent

but if say you got done for stealing in say 1990, 2000 and 2007 - you could not get any of them spent as the last similar/same charge is less than 10 years old

but if say you got done for stealing in 1995 and stealing in 2000 and assualt in 2007 , you could get the 2 stealing charges spent, but not the assault. if the assault charge was in 2002 then you could get all 3 done.

just to confuse you assault in 1990, stealing in 1998 and assault in 2008 , only the stealing could be spent

check tho - unlike some around here idont claim to be all knowing or perfect