Will I Get a Criminal Record If I'm Found Guilty in Australia?
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Quick Answer
Being found guilty of a criminal offence in Australia does not automatically mean a criminal record is recorded against you.
Under NSW law, a court can find you guilty but choose not to record a conviction, most commonly through a Section 10 dismissal or a Conditional Release Order without conviction under the Crimes (Sentencing Procedure) Act 1999 (NSW).
The Difference Between a Finding of Guilt and a Conviction
This is the single most misunderstood distinction in Australian criminal law.
- Finding of guilt: The court accepts you committed the offence, either because you pleaded guilty or were found guilty after a hearing
- Conviction: A separate step where that finding of guilt is formally recorded on your criminal record
Without a conviction, the finding of guilt does not appear on a standard National Police Check. This is what allows someone to walk out of court with a finding of guilt and still truthfully answer “no” when asked if they have a criminal conviction.
How Courts Can Find You Guilty Without Recording a Conviction
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives the court three options.
Order | What It Means | Conditions |
Section 10(1)(a) | Charge dismissed outright after a finding of guilt | None. No penalty, no conviction recorded |
Section 10(1)(b) | Conditional Release Order without conviction | Good behaviour bond for up to 2 years, no conviction recorded |
Section 10(1)(c) | Dismissal with an intervention program | Participation in a rehabilitation or treatment program, no conviction recorded |
A Section 10(1)(a) is the most lenient outcome in NSW sentencing law: finding of guilt, charge dismissed, no penalty, no conviction.
A Section 10(1)(b) CRO replaced the old good behaviour bond on 24 September 2018. It carries two standard conditions:
- The offender must not commit any further offences
- The offender must appear before the court if called on during the term of the order
A CRO cannot be combined with a fine or imprisonment. Additional conditions can include supervision, rehabilitation programs, or non-association requirements.
What Courts Consider Before Deciding Not to Record a Conviction
Under section 10(3) of the Crimes (Sentencing Procedure) Act, the court must have regard to:
- The person’s character, antecedents, age, health, and mental condition
- Whether the offence is trivial in nature
- The extenuating circumstances in which the offence was committed
- Any other matter the court considers proper
Courts also weigh the practical consequences of a conviction on employment, professional licensing, visa status, and family responsibilities. Non-conviction outcomes are most common for first-time offenders, minor offences, and cases involving genuine remorse or steps toward rehabilitation.
Criminal Record vs Criminal History: The Distinction That Matters
These terms are often used interchangeably, but in NSW they mean different things.
Record Type | What It Contains | Who Sees It |
Criminal record | Offences you were found guilty of and convicted | Appears on a standard National Police Check |
Criminal history | All offences you went to court for, including dismissals, not guilty findings, Section 10s, AVOs, warrants | Internal to police and courts, used for bail and future sentencing |
A Section 10 keeps your criminal record clean, but the finding of guilt remains on your criminal history.
What Appears on a National Police Check
Outcome | Appears on Police Check? |
Section 10(1)(a) dismissal | No |
CRO without conviction | Yes, for the duration of the order. Falls away once completed |
Intervention program order | Yes, while the program is being completed. Falls away after |
Recorded conviction | Yes, until spent |
How Long a Criminal Record Lasts: The Spent Convictions Scheme
Under the Criminal Records Act 1991 (NSW), most convictions become “spent” after a crime-free period:
- Adults: 10 consecutive years without reoffending
- Children (under 18 at the offence): 3 consecutive years
Once spent, a conviction no longer appears on a standard National Police Check.
Convictions that can never be spent:
- Convictions carrying a prison sentence of more than 6 months
- Sexual offences
- Convictions against companies and other corporate bodies
Even once spent, a conviction is not erased. It remains on your criminal history and can be disclosed for sentencing in a later matter or for certain sensitive roles.
When You Still Need to Disclose
A non-conviction outcome removes most disclosure obligations, but some situations require disclosure regardless of whether a conviction was recorded:
- Working with Children Checks, which access full criminal history
- Admission to the legal profession or registration as a health practitioner
- Security industry licensing, which can be cancelled even without a conviction
- Visa and migration applications, where some countries require disclosure of findings of guilt
Government security clearance roles, including police, corrections, ICAC, and DPP positions
How a Criminal Record Can Affect Your Life
The consequences of a recorded conviction can include:
- Employment, particularly in finance, healthcare, education, government, and roles involving vulnerable people
- Professional licensing, including legal, medical, accounting, real estate, and security
- Overseas travel, as countries such as the United States and Canada can refuse entry to people with convictions
- Visa and migration outcomes, where the character test under section 501 of the Migration Act 1958 can lead to refusal or cancellation
- Insurance and some financial products
Future sentencing, as prior convictions are considered in any later matter.
Final Thoughts
Being found guilty and being convicted are not the same thing in Australia. A judge can find you guilty and still choose not to record a conviction, keeping your criminal record clean. Whether that outcome is achievable depends on the offence, your circumstances, and how the case is prepared.
Frequently Asked Questions
Can I be found guilty but have no criminal record?
Yes. Under NSW law, a court can find you guilty and choose not to record a conviction, most commonly through a Section 10 dismissal or a CRO without conviction. The offence does not appear on a standard National Police Check.
Does a Section 10 show up on a police check?
A Section 10(1)(a) dismissal does not. A Section 10(1)(b) CRO appears for the duration of the order, then falls away once completed and all conditions are met.
How long does a criminal conviction stay on your record in NSW?
Most convictions become spent after 10 crime-free years for adults and 3 for children. Once spent, they no longer appear on a standard National Police Check.
What convictions can never be spent?
Convictions carrying a prison sentence of more than 6 months, sexual offences, and convictions against companies or corporate bodies cannot be spent under the Criminal Records Act 1991 (NSW).
If I plead guilty, can I still avoid a criminal record?
Yes. Pleading guilty does not automatically mean a conviction is recorded. The court can still deal with the matter under Section 10 if the circumstances justify it.
What is the difference between a criminal record and a criminal history?
A criminal record lists offences where you were convicted. A criminal history is broader and includes Section 10 dismissals, not guilty findings, and pending charges. Only the criminal record appears on a standard police check.
Do I have to disclose a Section 10 to an employer?
For most jobs, no. Section 10(1)(a) does not appear on a standard check. However, some employers ask specifically about findings of guilt, and certain roles (legal, medical, child-related, security) may require disclosure regardless of whether a conviction was recorded.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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