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Recording of a Conviction

Cassandra Adorni-Braccesi
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16 January 2018

When you plead guilty to an offence you will be convicted of that offence.  You will also be convicted if you plead not guilty and are then found guilty of an offence by a Magistrate or jury.  The impact of a conviction is dependent on whether the Court decides whether to record a conviction for the offence.

The Court has discretion as to whether a conviction should be recorded for an offence.  In deciding whether to record a conviction, the Court must take into account the nature of the offence, your age, whether the offence was out of character, and the impact the recording of a conviction would have on your social or economic welfare.

You are usually not required to disclose a conviction when no conviction has been recorded, and you do not need to declare the offence if you are asked whether you have a criminal record.  This can decrease the impact of the conviction on your employment and can reduce the impact on your social wellbeing.

It can be difficult to argue that no conviction should be recorded, and it is important that you seek legal advice prior to being sentenced for an offence.  If you would like more information regarding the recording of a conviction, or advice on whether you need to disclose a conviction, please contact our office on (07) 4963 2000 or via our online contact form.