Your national criminal history check will state information pertaining to any disclosable convictions you have committed in any state or territory in Australia.
In plain English, not every conviction to your name will necessarily turn up on your national criminal history check results.
Whether a particular conviction will or will not be included is dictated by a piece of legislation called the Spent Convictions Scheme (otherwise known as the Spent Convictions Legislation).
This legislation places limitations on the disclosure of particular older offences. In order for information about an older offence not to be released (i.e. for the conviction to be considered ‘spent’), specific criteria must be met. That is:
A certain period of time (known as a ‘waiting period’) must have passed. For convictions where the individual was dealt with as an adult, this period is 10 years in all states and territories. For convictions where the individual was dealt with as a minor, this period is 5 years in all states and territories except for NSW, where it is 3 years.
The individual must not have reoffended during the waiting period applicable to them. If they did, their waiting period will be reset.
The offence that was committed must not be excluded from the Spent Convictions Scheme relevant to the offender. This is notable because Commonwealth, state, or territory legislation may exclude certain offences from the Spent Convictions Scheme. For example, an offence that is typically never spent is sex offences. To get more information visit #https://crimecheckaustralia.com.au/national-police-clearance/
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