Whenever someone is charged in a Court it is usual practice that a conviction will be recorded on the person’s criminal or traffic history, depending which one the charge related to.
Once a person is 17 years of age any convictions on their traffic or criminal history will stay on record for up to 10 years. Each State has their own records for what charges occurred in that particular State but they can be provided to other States when requested by a Police force or a Court. You may need a copy of your criminal record to apply for a job, work as a volunteer, work with children, apply for insurance or to get an overseas visa.
Although it can be difficult, it is possible to convince the Magistrates not to record a conviction if there are reasonable grounds to support the request. These need to be good reasons such as –
If no conviction is recorded you do not need to disclose to anyone that you have been charged with that offence (except if disclosure is required by law for example applying to work with children). If, for example, an employer does a search a non-conviction will not show up on a criminal history, however, the Police and Courts will always be able to see the charge and the fact that no conviction was recorded.
We have had success in obtaining no convictions recorded, even when they were charged with quite serious offences. Here are some examples –
If you are charged with any traffic offence (excluding dangerous driving which is a criminal charge) it will only be recorded on your traffic history the same as a speeding fine would be. It is not recorded on your criminal history. It is generally only criminal history which can effect overseas travel but some countries may require more information from you if you have traffic charges recorded.
Here at Clarity Law we almost every day appear in the Courts with clients, many of which are seeking that no conviction be recorded. It is this experience that allows us to get the absolute best result for clients. Other law firms simply don’t have the experience that we do and don’t know the Magistrates like we do. We also offer the most competitive prices for representation in Queensland click here to see what we will charge.
If you want to engage us or just need further information or advice then call us on 1300 952 255 seven days a week, 7am to 7pm or visit our website at www.claritylaw.com.au
Providing written character references for the Magistrate to consider during sentencing may help to ensure a person gets a more lenient outcome.
The purpose of obtaining character references is to provide to the Court evidence about the person’s character and their attitude towards the offence, including how committing and pleading guilty to the offence has impacted upon them. This evidence assists the Court in determining the appropriate penalty.
A Court reference is not a general reference but rather a guide to the Court about a person’s character from someone who can attest to this. The referee needs to make clear to the Court;
The referee should generally have known the person for a substantial period of time and have a good insight into a person’s character. While a reference from a Doctor or well established person often carries a lot of weight, references from friends, family or employers can still be quite valuable, especially given that they can often provide the best insight to the person’s character.
It should be noted that the referee must be aware of the offence. It is of no value if they do not mention in the reference that they are aware of the offence and have discussed it with the person. While it is often embarrassing to have to admit the nature of the charges to someone it is essential to ensure the reference carries weight before the court. A referee could not be expected to be able to judge a person’s remorse and the impact a charge has had without knowing the exact charges.
Generally a reference should include
Referees are not required to attend the Court and will not receive a response from the Court about how the reference was treated. It is important to note once a reference is tended in open Court then it becomes a public document and can be seen by member of the general public if they choose to search the Court file.
It is important to remember that references are not essential, but they certainly can assist in ensuring you obtain the absolute best possible outcome for your circumstances.
If you want to engage us or just need further information then you can either;
There are different stages and circumstances in which the Police may request that you partake in a record of interview or provide them with a statement. This article is for people who may be charged with an offence and the Police have asked you to participate in an interview. This may occur before you are charged or after you have been charged with an offence.
Whilst it is an offence not to provide Police with your full name, address, date of birth and identification, you are not obliged to participate in an interview or provide a statement. It is an offence to provide incorrect personal details to the Police or to resist arrest. If you do either of these things when you are being arrested or charged, you may end up with additional charges.
You have every right to refuse to participate or provide information. We strongly urge all clients to consider not to participate in a record of interview until all facts and circumstances are known. There is often little benefit to you in participating in an interview or providing a statement, and it can often only benefit the Police. This is due to the fact that, as the saying goes, anything you say can and will be used against you in a Court of Law.