Hi there. In Victoria, police retain criminal history information of all persons for law enforcement purposes and the administration of justice. However, not all criminal history information will be included in a police check obtained for third parties, such as potential employers. Generally speaking, a police check in Victoria will not disclose any criminal record that is more than 10 years old from the date of sentencing, provided the individual was 18 years and over at the time of sentencing. Different rules apply for minors aged under 18 years.

However, there are some exceptions to this rule. A criminal record that is more than 10 years old may be disclosed on a police check if: the penalty was imprisonment for 30 months or more; the record includes a serious offence of violence or a sex offence and the police check is obtained for a job or voluntary work with children or vulnerable people; or if the record includes serious offences where the individual was acquitted or found not guilty because of insanity or mental impairment. A police check will also disclose a criminal record that is more than 10 years old if the reason for obtaining the police check is for a specified purpose. These purposes include: registration as a health professional, employment in prisons or the police force, a bus driver licence, a security guard licence, and a firearms licence, amongst others.

From the information you provided and assuming you were at least 18 years old at the time of sentencing, your criminal record is likely to appear on your police check until 10 years has lapsed. In some states and territories in Australia, there is legislation in place to have a criminal record removed after a certain time period, which may be less than 10 years, but these types of laws do not exist in Victoria.

If you want to dispute the information contained in your police check, you can make an application to Victoria Police to investigate the matter. The Victoria Police website (www.police.vic.gov.au) contains more information about this dispute process, or you can call 1300 881 596.

Suggested way forward

Although it does not appear that your criminal record can be removed from a police check before the end of 10 years, you may want to consider speaking to a lawyer for advice about your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.