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When I was 17 I was caught shoplifting and was cautioned by

 
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  • Answered by:Sydney-Lawyer
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Customer Question

When I was 17 I was caught shoplifting and was cautioned by the police, I have since stayed away from trouble as I see now that it wasn't a smart idea in the first place, but now I have applied for a job which needs a criminal record check, will this show up? I was cautioned 5 and a half years ago, also will this stop
Me from getting a working with children's check? Can anybody Please help

 

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What have you tried so far?: Have researched it but is confusing

Submitted: 232 days and 1 hours ago.
Category: Australia Law
Value: AU$105
Status: CLOSED
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Expert:  Sydney-Lawyer replied 232 days ago.

Good Evening


What state of Australia are you in?

Did they ask you to disclose any issues with the police?

Customer replied 231 days and 23 hours ago.

Victoria, no they just said I would have to under go a criminal record check and get a working with children check

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Expert:  Sydney-Lawyer replied 231 days and 23 hours ago.

Good Evening


I am sorry to be the one to give you the bad news about this.

Victoria does not have legislation for convictions to be spent after a set period of time.

Usually after 10 years you can apply, in other states, for convictions to be spent. This means that they do not appear on your criminal record except if you are the applicant.

Victoria though does not have this legislation, and it is the state government that has to do it.

Here is information on this.

http://www.lawhandbook.org.au/handbook/ch04s06s04.php

In your case you are going to have to disclose this when you are to go for a job where they ask you about your criminal record.

The Victorian police have a policy in place at the moment where once 10 years pass though, the Victorian police will not disclose it. This is currently a policy of the Victorian police

You can see the policy by clicking on the iInformation Release Policy - National Police Certificate link on the next link

http://www.police.vic.gov.au/content.asp?Document_ID=692

I am sorry that I could not give you anything more positive.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

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Customer replied 231 days and 23 hours ago.

What does it mean when it says in the link that if someone was under 18 when convicted and 5 years has gone than the conviction will not be disclosed

Accepted Answer

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Expert:  Sydney-Lawyer replied 231 days and 23 hours ago.

Good Evening


A conviction (found guilty by a court) that occurred when the person was under 18 will not be revealed if 5 years have passed without a conviction.

In your case there is no conviction. It is a caution by the police. It was not a conviction from a court.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.



Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16646
Answered: 8/22/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied 231 days and 22 hours ago.

Is a caution considered
A criminal record

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Expert:  Sydney-Lawyer replied 231 days and 22 hours ago.

Good Evening


Cautions are recorded on your criminal record but they are not convictions.

They were introduced to reduce the amount of time courts spent dealing with minors. The police can issue a caution if they believe that it is a minor offence and that you are unlikely to re-offend.

If you do re-offend it appears on your record to notify the court you have been given a chance by being given a caution.

Have you seen the record they got?

I have checked what should be included and it appears cautions from police should not be included.

Here is this information for you.

http://www.lawhandbook.org.au/handbook/ch04s06s03.php#Ch91Se54065

Was it a police record they obtained?

Customer replied 231 days and 22 hours ago.

Thank you for you time, you have answered all
My questions, I'm still worried but I will wait
And see

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Expert:  Sydney-Lawyer replied 231 days and 22 hours ago.

Good Evening


You are welcome.

Please contact me and let me know what happened.

Good Luck with it.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

 
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