What is the effect of a Criminal Record?

What is the effect of a Criminal Record?


Effect of a criminal record on employment

Often, many offenders ask the question…will a criminal conviction effect my employment or future employment prospects?

Employers often ask the question on an application for employment with their company/institution. Of course, you have to answer honestly, otherwise it could cost you your job and get you into more trouble!

If you have been convicted of a criminal offence, you must disclose these offences to a potential employer or current employer, unless you are not convicted. If you have been found guilty, and dealt with pursuant to “Section 10”, you are not required to disclose this as a conviction to your employer. Whilst you have been found guilty, your conviction is “spent” once the matter is dealt with under Section 10.

For more information on Section 10, click here.

Quite often, a proper and honest disclosure of your criminal conviction may not result in you not getting the job.


Effect of a criminal record on travel

Many countries, including North America, require you to disclose your criminal record before being permitted to enter the country. Particularly harsh is Canada, who require you to disclose even the most minor of criminal convictions. It can be very difficult to obtain a visa to enter Canada or the USA if you have a criminal conviction and a significant amount of time has not passed since your offending.


Effect of a criminal record on your visa to remain in Australia, or obtain Permanent Residency

If you are a foreign national, and are convicted of a criminal offence in Australia, the Department of Immigration will consider whether you are eligible to remain in Australia, and re-consider your current or future Visa status. Convictions for serious offences can often result in an automatic cancellation of your visa and immediate deportation to your home country. For example, if you commit a serious offence and are sentenced to a lengthy term of imprisonment, upon your release, you will be automatically deported.

It is a well known rule that a sentence of imprisonment for more than 12 months may result in ineligibility to obtain permanent residency. However, there is a discretion that can be exercised by the Department of Immigration in this circumstance. It is important that you speak to an expert Immigration Lawyer to obtain advice in this regard.


Effect of a criminal record on working with Children

Many child related employment positions require that you do not have any criminal convictions for a serious criminal offence. A “Working With Children Check” will be undertaken. These can include sex offences, previous AVO’s that have been put in place, current and past police investigations against you and relevant disciplinary proceedings against you.


Call LY Lawyers on 1300 595 299 for more information.