Criminal convictions
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If you go to court and plead guilty or the court says you are guilty, then you are convicted. The court does not always record a conviction.
In certain situations, you need to disclose your criminal history—even if no conviction was recorded.
When you need legal advice
Get legal advice if you:
- are not sure whether you have to tell someone you've been charged, been to court or convicted
- have questions about your criminal history and what you are required to disclose when applying for a blue card
- are considered a relevant disqualified person who could receive a penalty for applying for a blue card
- think you have been discriminated against because of your criminal convictions
- want to apply to have a historical homosexual conviction expunged (cleared).
How to get legal advice
When no conviction is recorded
If you've been to court and the magistrate said 'no conviction' recorded, you don't have a criminal conviction for that offence, but you have still been charged with breaking the law and been convicted because a conviction means the court has found you guilty or the court has accepted your guilty plea. Your matter will still appear on your criminal history but will be noted as having no conviction recorded. If this happens, be aware:
- Generally, you can say you don't have any convictions.
- If you're answering questions about whether you have any criminal history/criminal record, make sure you fully understand the question before you answer it.
- You could be asked questions about whether you have ever been charged with breaking the law, or whether you have been found guilty, pleaded guilty or been convicted. These questions are different from asking if you have a conviction recorded.
- For some types of jobs/applications (e.g. blue card), even if you don't have a conviction recorded, you still have to tell the person asking about being found guilty/pleading guilty in a court.
Checking your criminal history
You can check your criminal history by filling out a form, paying a fee and emailing the Queensland Police.
Apply for a criminal history check
Do criminal records last forever?
Not always, as long as you weren't given jail for more than 30 months as part of your sentence.
Generally, say you have no convictions if all of the below apply:
- You weren't given jail as part of your sentence, or if you were given jail but for less than 30 months.
- Enough time has passed.
- You haven't broken the law again since your conviction.
When you don’t need to mention a conviction
A period of time has to pass (called the rehabilitation period) before you don't need to mention you’ve been convicted:
- For Queensland offences:
- 10 years if you were convicted in the Supreme or District court as an adult
- In any other case, only 5 years, unless restitution was ordered to be paid, and then until the restitution has been paid.
- For Commonwealth offences:
- 5 years if you were convicted as a child
- in any other case, 10 years.
If you break the law again, this can make the rehabilitation period longer. It can even make it completely start again.
When you still need to mention your conviction
Even after your rehabilitation period has passed, there are times when you still need to mention your conviction, such as:
- when asked about your criminal history by a prosecutor when they are asking for another conviction against you
- where a court or community corrections is to make an order about you
- if you are applying for certain jobs like teachers, police, lawyers or child care workers.
The law in this area is technical and there are many exceptions. If you want to know if you have to mention you have been convicted or charged, always read any documents you have been given very carefully and ask a lawyer for legal advice.
Prior convictions and sentencing
Your prior criminal convictions can affect how you are sentenced for any new offences. You may be given a more serious sentence if you have committed similar offences in the past—even offences committed as a child, if a conviction was recorded.
When deciding how your previous criminal convictions will affect your sentence, the court will consider:
- the nature of your previous convictions
- the relevance of the previous offences to the current offence
- how long ago you were convicted of the offence.
Blue cards
If you work with children, as a paid employee or as a volunteer, you may need a blue card.
To get a blue card, you will need to apply and undergo screening called a 'blue card check' carried out by Blue Card Services. If you have been convicted of a serious offence, you will be asked to make a submission to support your application.
The agency will consider:
- your criminal history
- any disciplinary material held about you by professional organisations
- any police investigations into allegations of serious child related sexual offences, even if no charges were laid because the child was unwilling or unable to proceed with the complaint.
Certain criminal offences in your record called 'disqualifying offences' will mean you can never get a blue card.
Some people are disqualified from even applying for a blue card and may receive a penalty if they apply.
If you apply for a blue card and it is considered you shouldn't be issued a blue card, you will be asked to make a submission.
Learn how to make a submission
You may also want to get legal advice before making a submission.
If your application is refused, you will get a negative notice. If you have not been disqualified from having a blue card for life, you can ask the Queensland Civil and Administrative Tribunal (QCAT) to review the decision. You must apply for a review within 28 days. There may be exceptions—refer to your notice or contact QCAT.
Discrimination because of a criminal conviction
You may be able to complain about discrimination in the workplace to the Australian Human Rights Commission on the basis of criminal record.
The commission will try to resolve the complaint by conciliation. If the complaint does not resolve, the commission will prepare a report for the Australian Government with its recommendations. However, you can't enforce a commission recommendation.
Clearing a historical homosexual conviction
Consensual adult male homosexual activity stopped being a criminal offence in Queensland on 19 January 1991. If you were charged or convicted for a relevant homosexual offence, you may be able to have it expunged—or cleared—from your record.
Learn more about clearing historical homosexual offences
How to get legal advice
We may give legal advice about:
- criminal convictions
- disclosing criminal history and other personal information
- preparing to appear in QCAT to have a blue card decision reviewed.
Contact us
Other places to get legal advice:
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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
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