Having a criminal conviction in Queensland can have long-lasting effects on various aspects of life. In some cases, the magistrate or judge may decide against recording the conviction.
What Convictions are Not Recorded?
The Penalties and Sentences Act 1992 (QLD) provides the court with the discretion to record or not record a conviction. This is stated in section 12:
(1) A court may exercise discretion to record or not record a conviction as provided by this Act.
Under section 12, the court must also consider all circumstances of the case, including:
The severity or nature of the offence
Age or character of the accused
Previous criminal history
Potential impacts a potential conviction would have on lifestyle and employment opportunities are taken into consideration by the court.
What Does ‘No Conviction Recorded’ Mean?
Within section 12 of the Penalties and Sentences Act 1992 (QLD), an unrecorded conviction must not be taken by the court as a conviction for any purpose. The unrecorded conviction will not be entered into any records except the court’s records of the sentencing or in the offender’s criminal history, but only for the purposes of appealing a sentence or for subsequent proceedings in the court.
Role of a Criminal Lawyer
If you’re facing a criminal charge, having a credible, qualified, and experienced criminal lawyer can significantly impact the court's decision on whether to record a conviction or not.
A skilled criminal lawyer can effectively argue in favour of a 'no conviction recorded' outcome, increasing the chances of a favourable outcome for the accused.
Declaration of Unrecorded Convictions
In most cases, there is no legal obligation to disclose unrecorded convictions. However, certain circumstances, such as job applications for aged care work, law, volunteering, childcare work, or work with children may require a disclosure of unrecorded convictions. It may also be required for obtaining insurance or an overseas visa.
Failure to disclose unrecorded convictions in such situations can result in additional legal consequences.
Why Legal Guidance is Crucial
It is essential to understand the legal requirements regarding the disclosure of unrecorded convictions to avoid any potential legal consequences. If you are facing criminal charges in Queensland, seeking professional legal advice from a reputable law firm can make a significant difference in your case's outcome.
Contact us now for expert legal assistance and guidance.
Creevey Horrell Lawyers
Based in Brisbane, Roma, Toowoomba and Townsville.
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