Criminal Records Explained
"Will this go on my record?" is probably the most common question a criminal defence lawyer hears — regardless of the charge. This guide explains how criminal records actually work in Queensland: what gets recorded, what doesn't, the difference between a criminal history and a traffic history, how spent convictions work, and how employers and licensing bodies access your record.
What Is a Criminal Record?
In Queensland, a criminal record — formally called a criminal history — is maintained by the Queensland Police Service. It records convictions for criminal offences. Not charges. Not arrests. Not investigations. Convictions. If you are charged with an offence and the charge is withdrawn, dismissed, or you are found not guilty, no entry appears on your criminal history. The charge existed, but the conviction did not — so nothing is recorded. If you are convicted of an offence but the court does not record a conviction (under section 12 of the Penalties and Sentences Act 1992 ), the conviction does not appear on your criminal history either. This is one of the most important sentencing outcomes a lawyer can achieve.
Criminal History vs Traffic History
These are two separate records, and the distinction matters. Criminal history Records convictions for criminal offences — assault, drug possession, theft, fraud, domestic violence breaches, and so on. Maintained by the Queensland Police Service. Disclosed on a national police check. Traffic history Records traffic offences — drink driving, driving while disqualified, dangerous operation of a motor vehicle, and other offences under the Transport Operations (Road Use Management) Act 1995 (Qld). Maintained by the Department of Transport and Main Roads. Not disclosed on a standard national police check. A drink driving conviction goes on your traffic history, not your criminal history. For most employment purposes, it will not appear on a police check. However, some employers — particularly government departments, the military, and industries requiring security clearances — conduct broader background checks that may include traffic history. Some offences can appear on both. Dangerous operation of a motor vehicle (section 328A of the Criminal Code ) is a criminal offence dealt with on indictment and will appear on both your criminal and traffic histories.
No Conviction Recorded — Section 12
Under section 12 of the Penalties and Sentences Act 1992 (Qld), a court that finds a person guilty of an offence may choose not to record a conviction. The person is still found guilty — but no conviction is entered on their criminal history. This is not a slap on the wrist. It is a deliberate sentencing decision that recognises the circumstances of the offence and the person do not warrant the lasting consequences of a conviction on record. The court considers factors including: The nature and seriousness of the offence The person's character and age The person's criminal history (or lack of one) The impact a conviction would have on the person's economic or social wellbeing — including employment, licensing, and professional registration A section 12 order is most commonly granted for: First offences of a less serious nature People with no prior criminal history Cases where a conviction would cause disproportionate consequences — losing a job, a professional licence, a Blue Card, or the ability to travel overseas It is not available for all offences. Some charges carry mandatory recording of a conviction. And the more serious the offence, the harder it is to persuade the court that no conviction is appropriate — though it remains available in principle for any offence where the court has discretion. The difference between a section 12 order and a recorded conviction is often the difference between keeping your job and losing it. It is the outcome most commonly fought for in Magistrates Court sentencing.
Spent Convictions — The Rehabilitation Period
Queensland's spent convictions scheme is set out in the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld). Under this scheme, certain convictions become "spent" after a rehabilitation period — meaning they no longer need to be disclosed in most circumstances. When does a conviction become spent? 10 years for a conviction on indictment where the person was not dealt with as a child (the District or Supreme Court route), provided no term of imprisonment was imposed or the term was 30 months or less — and it is irrelevant whether the term was actually served, so a wholly suspended sentence counts 5 years for every other conviction — Magistrates Court matters, and anyone dealt with as a child, including in the Children's Court The rehabilitation period runs from the date of conviction. During that period, the conviction is live and must be disclosed if asked. What happens when a conviction is spent? Once spent, the conviction does not appear on a standard national police check and you are not required to disclose it to employers, insurers, or licensing bodies — with some important exceptions. When a spent conviction still appears Certain agencies and roles can still access spent convictions: Working with children checks (Blue Card applications) Queensland Police Service recruitment Judicial appointments Certain statutory licensing bodies Corrections and parole decisions For most people, the spent convictions scheme means a single conviction — particularly one from years ago — does not follow you indefinitely. But the rehabilitation period is significant — 5 or 10 years — and during that time, the conviction remains disclosable.
Convictions That Cannot Become Spent
Not all convictions qualify for the spent convictions scheme. A conviction is excluded if: The term of imprisonment imposed was more than 30 months (whether or not it was suspended) The offence was a serious sexual offence as defined in the Act The conviction was recorded by a court outside Queensland under equivalent exclusions These convictions remain on your criminal history permanently and will appear on every police check, regardless of how much time has passed.
How Employers Check Your Record
The most common way employers check criminal history is through a national police check — formally called a National Police Certificate. This can be obtained through the Australian Criminal Intelligence Commission (ACIC) or through accredited bodies like the Australian Federal Police. A standard national police check discloses: Convictions recorded on your criminal history across all Australian jurisdictions Pending charges (in some circumstances) Court outcomes that resulted in a recorded conviction It does not disclose: Convictions where no conviction was recorded (section 12 orders) Spent convictions (after the rehabilitation period) Charges that were withdrawn, dismissed, or resulted in acquittal Traffic history (drink driving and other TORUM Act offences) Juvenile matters that have been spent Blue Card checks Blue Card applications involve a broader check than a standard police check. Blue Card Services accesses your full criminal history — including spent convictions and some charges — when assessing suitability to work with children. A conviction that would not appear on a standard police check may still affect a Blue Card application. Licensing and professional registration Certain professional bodies — including those for lawyers, doctors, nurses, teachers, and security providers — conduct their own checks and may require disclosure of matters that would not appear on a standard police check. The disclosure obligations vary by profession and should be checked individually.
What You Need to Disclose
The rules about disclosure depend on who is asking and why. Standard employer: You are only required to disclose convictions that appear on a national police check. If the conviction was not recorded, or if it has been spent, you are not required to disclose it — and an employer who asks is not entitled to the information. Government and regulated industries: Broader disclosure may be required. Check the specific requirements for your role. Insurance: Some insurance policies require disclosure of criminal history. The obligation depends on the policy wording. Travel: Some countries — including the United States and Canada — require disclosure of criminal history on visa or entry applications, regardless of whether the conviction is spent under Australian law. If you are unsure about your disclosure obligations, get advice before answering. The consequences of non-disclosure can be worse than the consequences of the conviction itself.
Frequently Asked Questions
Will a drink driving conviction go on my criminal record?
No. Drink driving is a traffic offence under the TORUM Act. It goes on your traffic history, not your criminal history. The two histories are kept and released separately, so what an employer sees depends on which check they run — and some broader background checks, particularly for government or security-cleared roles, include traffic history.
Can I get a conviction removed from my record?
You cannot have a conviction removed after the fact — but it may become spent after the rehabilitation period (10 years for an adult conviction on indictment, 5 years for everything else). The better outcome is to avoid the conviction being recorded in the first place, through a section 12 order at sentencing.
Will a charge that was withdrawn show on my record?
No. Only convictions are recorded on your criminal history. If a charge is withdrawn, dismissed, or you are found not guilty, nothing appears on your record.
Do I have to tell my employer about a charge?
Generally, no — unless your employment contract specifically requires you to disclose charges (not just convictions). Some regulated industries have broader disclosure obligations. Check your contract and industry requirements.
Will my conviction affect my Blue Card?
It may. Blue Card checks are broader than standard police checks and access your full criminal history, including spent convictions. The impact depends on the nature of the offence and your overall history. If your Blue Card is at risk, that is a factor Sacha puts before the court at sentencing.
Can I travel overseas with a criminal record?
It depends on the country. Some countries — including the United States and Canada — ask about criminal history on visa or entry applications and may refuse entry based on certain convictions, even if they are spent under Australian law. A no-conviction order avoids this issue for the offence in question.