A criminal record can have a significant impact on various aspects of life, including employment. But not every interaction with the criminal justice system results in a criminal record.

What Is a Criminal Record?

A criminal record is typically created when a person is found guilty of an offence and a conviction is recorded by the court. However, not all legal outcomes result in a criminal record. A person will generally not have a criminal record if:

• They are found not guilty
• Their charges are dropped or dismissed
• The court finds them guilty but decides to issue a non-conviction order

When a Criminal Record Is Not Created

Not Guilty Verdict

If a court finds you not guilty, there is no conviction and, therefore, no criminal record.

Dropped or Dismissed Charges

Charges that are dropped or dismissed do not appear on a National Police Certificate. These do not affect your criminal record.

Non-Conviction Outcomes

A non-conviction occurs when the court finds you guilty but decides not to record a conviction. This is common in cases involving:

• First-time offenders
• Minor offences
• Mitigating personal circumstances

Even though no conviction is recorded, the court may still impose penalties or conditions such as good behaviour bonds.

Conditional Release Orders (CROs) Without Conviction

A CRO is a court order that allows a person to be released under certain conditions, without a conviction being recorded. This is similar to a Section 10 order under NSW law.

Spent Convictions and Crime-Free Periods

Some laws allow certain convictions to become “spent” after a period of time without further offending. This means the conviction will no longer form part of your criminal history for most purposes.

Key Timeframes:

• Adults: 10-year crime-free period
• Children: 3-year crime-free period

A crime-free period means you haven’t been convicted of another offence punishable by imprisonment or served time in prison.

Understanding Police Checks and Court Records

Police Checks

A Nationally Coordinated Criminal History Check (also called a police check) only displays:

• Convictions
• Certain pending charges

It does not include dismissed charges, dropped charges, or non-conviction orders.

Court Records

Even if a charge is dismissed or a conviction is not recorded, court documents and outcomes may still exist. However, these are generally not considered part of your criminal history in police or employment checks.

Special Considerations in New South Wales (NSW)

Section 10 Orders

Under Section 10 of the Crimes (Sentencing Procedure) Act 1999, a court can find you guilty but discharge you without recording a conviction. This allows you to avoid a criminal record.

Conditional Release Orders (CROs)

CROs can be issued with or without a conviction. When no conviction is recorded, the order functions much like a Section 10 outcome.

Spent Convictions in NSW

The Criminal Records Act 1991 (NSW) outlines when convictions become spent. Once spent, they no longer need to be disclosed—except in limited situations such as court proceedings.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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