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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4600
Experience:  Dip Law LPAB - Sydney based lawyer
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My wife 20 years ago was convicted for manslaughter and served

Resolved Question:

My wife 20 years ago was convicted for manslaughter and served almost 3 years.
Her crime was a case of self defense (extremely violent partner) which had led to a extreme downturn in her life . In the past 7 years I have managed to rise her above the turmoil in her life and have found a woman who striving to make something of her life, the problem she now faces is the convictions in her past . Jobs she applies for will not hire her . Her passion for work and life amazes me but to see her cry with every turn down after a criminal check is heartbreaking. What can I do to help this extremely smart , articulate woman who is not only trying to better herself but help others better themselves aswell.
Submitted: 1 year ago.
Category: Australia Law
Expert:  replied 1 year ago.
Hello and sorry to hear about your wife's dilemma.

Unfortunately, although NSW has a spent convictions scheme where minor offences can be effectively struck from a persons criminal record, offences where a term of imprisonment of more than 6 months has been imposed does not become spent and will remain on record for life.

http://www.austlii.edu.au/au/legis/nsw/consol_act/cra1991167/s7.html

So there is no getting around the reality that she will be confronted with her criminal record when applying for employment in roles where criminal record checks are required.

However in some cases where it appears she is being discriminated against because of her criminal record, even though the criminal record is not relevant to the role, she may be able to have recourse the Human Rights Commission:

http://www.humanrights.gov.au/australian-human-rights-commission-s-complaint-process-complaints-about-discrimination-employment

The following article on criminal records may also be of assistance:

http://www.humanrights.gov.au/human-rights-discrimination-employmeny-basis-criminal-record#toc3.3

I appreciate this is not the answer you may have been hoping for, but it does reflect the law as it applies to your wife's situation, and I trust assists your understanding.

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Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4600
Experience: Dip Law LPAB - Sydney based lawyer
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