Many people facing criminal charges in New South Wales worry about whether those charges will appear on a police check. This concern often arises when applying for jobs, licences, volunteer roles, or even when planning travel.
The short answer is that it depends. Whether something appears on a police check is influenced by whether you were convicted, the type of police check requested, and whether any convictions are considered spent under NSW law. Understanding how police checks work can help you avoid unnecessary stress and make informed decisions.
What Is a Police Check in NSW?
A police check, also known as a criminal history check or national police check, is an official document that shows a person’s disclosable criminal history.
Most police checks in Australia are processed through the Australian Criminal Intelligence Commission (ACIC) using the Nationally Coordinated Criminal History Check system.
Police checks are commonly required for:
- Employment purposes
- Government roles
- Working with children or vulnerable people
- Certain licences or accreditations
- Volunteer positions
Do Criminal Charges Show on a Police Check?
In most cases, criminal charges alone do not appear on a standard police check.
A standard national police check will usually disclose:
- Criminal convictions
- Findings of guilt
- Certain court orders
Pending charges (matters that have not yet been finalised by a court) do not usually appear unless:
- A conviction has already been recorded, or
- A specific or enhanced type of check is requested
Some specialised checks may disclose additional information depending on the role or legislation involved.
What About Criminal Convictions?
If you are found guilty and a conviction is recorded, that conviction will generally appear on a police check unless it later becomes spent.
Convictions may include:
- Criminal offences
- Serious traffic offences
- Prison sentences
- Court orders
These records are maintained by law enforcement agencies, including the NSW Police Force.
What Are Spent Convictions?
NSW has a spent convictions scheme under the Criminal Records Act 1991 (NSW).
Under this scheme, certain convictions become spent automatically after a crime-free period.
Once a conviction is spent:
- It generally does not appear on a standard police check
- You usually do not have to disclose it
Crime-Free Periods
- Adults: 10 years
- Juvenile offenders: 3 years
The waiting period runs from the date of conviction, not the date of the offence.
Are There Exceptions to Spent Convictions?
Yes. Some convictions never become spent, including:
- Sexual offences
- Serious violent offences
- Certain offences involving children
Even spent convictions may still be disclosed for:
- Working with children checks
- Government or law enforcement roles
- Certain regulated professions
For example, roles involving children are overseen by the NSW Office of the Children’s Guardian and involve additional checks beyond a standard police check.
Do Traffic Offences Show on Police Checks?
Most minor traffic offences do not appear on police checks.
However, serious traffic offences, such as:
- Drink driving
- Dangerous driving
- Driving causing death or serious injury
may appear if they resulted in a criminal conviction.
Driving records are managed separately by Transport for NSW and Revenue NSW.
Does the Type of Police Check Matter?
Yes. Not all police checks are the same.
What is disclosed can depend on:
- The purpose of the check
- Whether fingerprint checks are required
- Whether manual verification is conducted
- Whether state or federal legislation applies
Some roles, such as teaching, government positions or security work, require enhanced checks that may disclose more information.
Can I Dispute a Police Check Result?
Yes. If you believe a police check contains incorrect or disclosable information that should not appear, you may be able to dispute the result.
Disputes commonly involve:
- Mistaken identity
- Convictions that should be spent
- Administrative or record errors
Legal advice can assist with navigating the dispute process and protecting your rights.
Should I Get Legal Advice About Police Checks?
Yes. Police checks can have serious consequences for employment, licensing, travel and future opportunities.
Legal advice can help you:
- Understand what appears on your record
- Clarify disclosure obligations
- Protect your future prospects
- Respond to adverse police check outcomes
If you or a person in your circle has been arrested or charged, it is crucial that you get legal advice at once. Davis & Associates’ experienced criminal defence lawyers will work their best to protect your rights and achieve the best possible outcome.
This is general advice only and you should obtain professional advice relevant to your circumstances. If you, or a friend, need further information, help or advice, please call 0438 464 410 or email chris@davisassociates.com.au.
Call Davis & Associates
You and your loved ones need timely, expert representation if you are dealing with criminal charges, police checks or disclosure requirements in NSW. Early advice can make a critical difference.
📍 Forster Office – Suite 2, 12–16 Wallis St, Forster NSW 2428
📞 Call us today on 0438 464 410
Or contact us online