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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44898
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have an old finger printing of an arrest for loitering at

Customer Question

i have an old finger printing of an arrest for loitering at a public place lol over 20 yeaers ago wondering if i can get it off the file for my employment reasons. i have ha vre a clean record since
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: i am in qld and was in nt
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure no
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Customer: replied 9 months ago.
hi just wonder ing if i can have my record expunged it was not a conviction but i got probation of a year at 20 years ago and i have clean record since minus 2 traffic offences
Expert:  Leon replied 9 months ago.

Good evening.

There is nothing that can be done about this. If you were ordered to be fingerprinted by the court and the there was no conviction the court should have ordered that they be destroyed. If there was not court action and you were simply fingerprinted this is not on your recored it is simply on the police file and it should not be disclosed to anyone.

It is only charges and convictions that are recored and disclosed.

If you received a spent conviction subject to the probation then if you complied the conviction cannot be released ecelt in cases where you work with children or are applying for government jobs.

Driving offences are on your traffic record and they remain there they do not disappear.

Customer: replied 9 months ago.
it was in the nt and i live in qld now and not had any offences here
Expert:  Leon replied 9 months ago.

Criminal records are checked in all states and territories. If you only ask QLD police they will not find anything but usually it is though the AFP and they check all states.

Customer: replied 9 months ago.
i am wondering if i can get it expunged thats my question as it s been very long time and not commited any offences since
Customer: replied 9 months ago.
i have to have aust wide due to type of employment working with disbilitiies, teaching kids and with aged poeple
Expert:  Leon replied 9 months ago.

Section 6 of the NT act makes convictions spent. There is no expungement. That does not exist

If you did not get a conviction but a probation then it is already spent if you complied with the probation.

Customer: replied 9 months ago.
i did comply but it showed on my file recently with an organisation who looked at my record then i had to answer to it
Customer: replied 9 months ago.
it had never showed before even though police at the time said it would not be on my file, but that was police friend
Expert:  Leon replied 9 months ago.

I cannot explain why it appeared but after 10 years it should not have appeared. There are exceptions and the following link is more detailed

There is nothing you can do to remove it as it will never be removed it should not be disclosed appeared from the execptions

Customer: replied 9 months ago.
its not a con viction so why would it show in regard to child employment jobs
Customer: replied 9 months ago.
the exception seem for conviction buyt mine wasnt a conviction
Expert:  Leon replied 9 months ago.

In the NT it is spent but recorded.

Customer: replied 9 months ago.
for nt does this mean it will still show on record and then what does spent mean why is it on file if it is spent
Expert:  Leon replied 9 months ago.

It will show up in the exceptions.

Spent means that it should not be disclosed, except when the enquiry falls in the exceptions. Then it will be shown.

Customer: replied 9 months ago.
does mine fall into the exceptions as it was not a convictionn but work withvulnerable people
Expert:  Leon replied 9 months ago.

In the link I have sent you it talks about the exceptions. As I am not aware of the job you applied for and what they put in the application they sent for your record I cannot answer that.

Here is what the exceptions are

For example, you need to tell an employer about any spent convictions if you apply for a job as a police officer or Justice of the Peace, or if you will be working with vulnerable people, such as children, or people with a disability or mental illness.
There are laws that make it an offence for people who, without your permission, tell other people about your spent record.

It is taken form the pdf I sent you.

Customer: replied 9 months ago.
Expert:  Leon replied 9 months ago.

You are welcome. I am sorry I could not give you better news.