Can a Past Conviction Affect Your Future Employment?

How Convictions Impact Employment

Employers often conduct criminal history checks during the hiring process. A conviction doesn’t automatically disqualify you, but it may impact your chances, especially for roles involving:

• Children or vulnerable people
• Government or security positions

However, it’s important to note that under anti-discrimination laws, employers cannot unfairly discriminate against individuals based on irrelevant criminal records. The Australian Human Rights Commission Act 1986 (Cth) prohibits discrimination in employment on the basis of a criminal record unless the record is relevant to the inherent requirements of the job.

What Is a Spent Conviction?

A “spent conviction” refers to a conviction that is removed from your criminal record after a certain period, provided you haven’t reoffended. In South Australia, the Spent Convictions Act 2009 outlines the criteria for a conviction to be considered spent. Typically, this involves a waiting period of 10 years for adults and 5 years for juveniles, during which no further offences are committed.

Once a conviction is spent, you are generally not required to disclose it to employers, and it won’t appear on most criminal history checks. Exceptions exist for certain professions, such as:

• Police
• Teachers
• Working with children
• Some government/security jobs

Here are how Spent Conviction looks across each Australian State:

State/Territory	Legislation	Waiting Period	Key Notes
South Australia (SA)	Spent Convictions Act 2009	Adults: 10 years Juveniles: 5 years	Conviction must not be for a prescribed sexual offence. No further offences during the waiting period. Certain convictions may require application to be spent.
New South Wales (NSW)	Criminal Records Act 1991	Adults: 10 years Juveniles: 3 years	Convictions with imprisonment >6 months are ineligible. No further offences during the waiting period. Some offences may require application to be spent.
Victoria (VIC)	Spent Convictions Act 2021	Adults: 10 years Juveniles: 5 years	Convictions become spent automatically after the period. Serious convictions may require a court order. Immediate spent convictions apply for certain outcomes.
Queensland (QLD)	Criminal Law (Rehabilitation of Offenders) Act 1986	Adults: 10 years Juveniles: 5 years	Convictions with imprisonment >30 months are ineligible. No further offences during the waiting period. Applies automatically after the period.
Western Australia (WA)	Spent Convictions Act 1988	Application-based: Typically after 10 years	Must apply for a spent conviction order. Court considers factors like offence severity and rehabilitation. Immediate orders possible at sentencing for minor offences.
Tasmania (TAS)	Annulled Convictions Act 2003	Adults: 10 years Juveniles: 5 years	Applies to minor offences. No further offences during the waiting period. Convictions are annulled, effectively removing them.
Northern Territory (NT)	Criminal Records (Spent Convictions) Act 1992	Adults: 10 years Juveniles: 5 years	Convictions with imprisonment >6 months are ineligible. No further offences during the waiting period. Some convictions may require application to be spent.
Australian Capital Territory (ACT)	Spent Convictions Act 2000	Adults: 10 years Juveniles: 5 years	Convictions with imprisonment >6 months are ineligible. No further offences during the waiting period. Some convictions may require application to be spent.

Do Dropped Charges Remain on Your Record?

If charges against you are dropped or dismissed, they typically do not result in a conviction and, therefore, do not appear on a Nationally Coordinated Criminal History Check. This means that in most cases, you are not obligated to disclose such charges to potential employers.

However, it’s important to be aware that police records may still retain information about the charges, even if they were dismissed. While this information is generally not disclosed during standard employment checks, it may be accessible under certain circumstances, such as for security clearances or specific government roles.

Your Rights and Protections

In South Australia, anti-discrimination laws protect individuals from unfair treatment based on irrelevant criminal records. Employers must assess whether a criminal record is pertinent to the job’s inherent requirements before making employment decisions. If you believe you’ve been discriminated against due to your criminal record, you can lodge a complaint with the Australian Human Rights Commission.

Seeking Legal Advice

Navigating employment opportunities with a criminal record can be complex. If you’re uncertain about your rights or how your criminal history may affect your job prospects, it’s advisable to seek legal counsel. Legal professionals can provide guidance tailored to your specific situation and help you understand the implications of your criminal record on employment.

Frequently Asked Questions

Can I get a job in South Australia if I have a criminal record?
Having a criminal record doesn’t mean you can’t work, but it may affect what jobs you can get (eg: government, education or security).

Do I have to tell my employer about a past conviction in South Australia?
If your conviction is spent, you generally don’t have to disclose it, unless you’re applying for exempt roles (e.g., teacher, police).

Do traffic offences or fines show on employment police checks in South Australia?
Minor traffic offences like speeding fines don’t usually appear, but serious or criminal traffic offences light high range drink driving might. If you do get charged with an offence like this, you need the best drink driving lawyers in Adelaide.

What is a spent conviction and how do I get one in South Australia?
A spent conviction is a cleared record after a 5 or 10-year crime-free period. In South Australia, it applies automatically in most cases.

How long does a criminal record last in South Australia?
Most convictions can become spent after 10 years (adults) or 5 years (youths) without reoffending.

Can a criminal record stop me from getting a government job in South Australia?
It depends on the role. Many government and security jobs require a full criminal history, including spent convictions.

Will a dropped charge still show on my police check in South Australia?
Usually not. Dropped charges don’t appear on most employment police checks, but may show in security clearance checks.

Can I get a job if I’ve been charged but not convicted in South Australia?
Yes. Charges alone typically aren’t listed on a basic police clearance, unless required for sensitive roles.

Do I have to tell Centrelink or job agencies about a conviction?
Only if your criminal record affects your job capacity or you’re required to by law. Speak to one of our South Australian criminal lawyers for advice.

What jobs can I get with a criminal record in South Australia?
Many industries hire people with past convictions such as retail, construction, hospitality and trades with these industries focus on skills and attitude.

How do I remove a conviction from my police record in South Australia?
Through the spent conviction scheme. It’s automatic in most cases after the waiting period, but some require an application.

Does a criminal record affect applying for uni placements or work experience?
Possibly, if placements are in child-related or health services. Some programs require a clean criminal history.

Can employers in South Australia see my old juvenile offences?
Juvenile offences are eligible to be spent after 5 years and are generally excluded from standard checks.

Can I travel or work overseas with a criminal record from SA?
Some countries may deny visas for those with criminal convictions. Always check with immigration or seek legal advice.