Criminal Records Explained
"Will this go on my record?" is probably the most common question a criminal defence lawyer hears — regardless of the charge. This guide explains how criminal records actually work in Queensland: what gets recorded, what doesn't, the difference between a criminal history and a traffic history, how spent convictions work, and how employers and licensing bodies access your record.
What Is a Criminal Record?
In Queensland, a criminal record — formally called a criminal history — is maintained by the Queensland Police Service. It records convictions for criminal offences. Not charges. Not arrests. Not investigations. Convictions. If you are charged with an offence and the charge is withdrawn, dismissed, or you are found not guilty, no entry appears on your criminal history. The charge existed, but the…
Criminal History vs Traffic History
These are two separate records, and the distinction matters. Criminal history Records convictions for criminal offences — assault, drug possession, theft, fraud, domestic violence breaches, and so on. Maintained by the Queensland Police Service. Disclosed on a national police check. Traffic history Records traffic offences — drink driving, driving while disqualified, dangerous operation of a motor…
No Conviction Recorded — Section 12
Under section 12 of the Penalties and Sentences Act 1992 (Qld), a court that finds a person guilty of an offence may choose not to record a conviction. The person is still found guilty — but no conviction is entered on their criminal history. This is not a slap on the wrist. It is a deliberate sentencing decision that recognises the circumstances of the offence and the person do not warrant the…
Spent Convictions — The Rehabilitation Period
Queensland's spent convictions scheme is set out in the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld). Under this scheme, certain convictions become "spent" after a rehabilitation period — meaning they no longer need to be disclosed in most circumstances. When does a conviction become spent? 10 years for an adult conviction where no term of imprisonment was imposed (or the term was…
Convictions That Cannot Become Spent
Not all convictions qualify for the spent convictions scheme. A conviction is excluded if: The term of imprisonment imposed was more than 30 months (whether or not it was suspended) The offence was a serious sexual offence as defined in the Act The conviction was recorded by a court outside Queensland under equivalent exclusions These convictions remain on your criminal history permanently and…
How Employers Check Your Record
The most common way employers check criminal history is through a national police check — formally called a National Police Certificate. This can be obtained through the Australian Criminal Intelligence Commission (ACIC) or through accredited bodies like the Australian Federal Police. A standard national police check discloses: Convictions recorded on your criminal history across all Australian…
What You Need to Disclose
The rules about disclosure depend on who is asking and why. Standard employer: You are only required to disclose convictions that appear on a national police check. If the conviction was not recorded, or if it has been spent, you are not required to disclose it — and an employer who asks is not entitled to the information. Government and regulated industries: Broader disclosure may be required.…