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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 18868
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi I was convicted of receive financial benefit by deception

Resolved Question:

Hi I was convicted of receive financial benefit by deception more than 20 years ago. I was not sentenced to prison was put on good behavour bond for 1 or 2 years. Since then I have not comitted any sort of crime. My question is would my record be erased or be considered spent and would it appear in any employer background checks.
Thanks
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good Evening

My name is XXXXX XXXXX X am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.


Were you convicted or was it no conviction and a good behaviour bond?


Customer: replied 5 months ago.


was convicted with good behaviour

Expert:  Leon replied 5 months ago.
Good Evening Yvette

Firstly it will always remain on your record but because you have not re-offended in more than 10 years the conviction can be spent meaning that it does not have to be disclosed.

Here is a link that provides you with information.

See pages 7 of the link

http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf

So the conviction should not be disclosed to employers except for certain jobs which are listed in the link .

Is there anything else I can assist you with?


Customer: replied 5 months ago.


what about the rsl charity...selling art union tickets. Do they come under the page 7 of the link?

Expert:  Leon replied 5 months ago.
Good Evening Yvette

Are you asking if stealing from an art union conviction can be spent?

DO you recall the charge and the section you were charged under? If you were not sentenced for 6 months in jail then it should be able to be spent.


Customer: replied 5 months ago.


I am applying for a job with the rsl to sell prize home tickets and they want to do a thorough background check. I need to know if my conviction will be disclosed to them


Thanks

Customer: replied 5 months ago.


also do i have to apply for the conviction to be spent or does it get spent automatically?

Expert:  Leon replied 5 months ago.
Good Evening Yvette

It should not be disclosed to them because it should be spent.

You can contact the police and get more details about how this works.

But according to the act, it is spent and will not be disclosed.

Have they asked you if you have been charged or convicted of any offences?
Customer: replied 5 months ago.


not yet but they will ( i have friend who works there and i know they will ask. Do I have to confess?

Expert:  Leon replied 5 months ago.
Good Evening

If the question is asked you cannot lie.

If you lie they can terminate you.

The conviction becomes spent after the 10 years with no conviction.

If they do not give you the job because of the conviction, this is discrimination and you can bring an action against them.

Here is some information for you.

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

Is there anything else I can assist you with?
Customer: replied 5 months ago.


Thank you so much you have put my mind at ease. You have been excellent!!

Expert:  Leon replied 5 months ago.
Good Evening Yvette

Good luck with the job.

You are very welcome and thank you for using my services. 

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 18868
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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