Table of Contents
- What Does No Conviction Recorded Mean?
- Sentencing Options in NSW for No Conviction Recorded
- Does a Non Conviction Stay On Your Record?
Obtaining a “No Conviction Recorded” verdict in Court can have several significant implications for the accused individual. These implications may vary depending on the nature of the offences, the circumstances of the case and the severity of the alleged offence. Here are some key points to consider:
Absence of a Conviction
With no conviction recorded, the accused individual avoids the legal consequences typically associated with a criminal conviction. This means they are not subjected to fines, imprisonment, or other penalties that would otherwise be imposed.
Stigma Avoidance
A criminal conviction can have far-reaching consequences on an individual’s personal and professional life. By having a no conviction recorded outcome, the accused person avoids the stigma that comes with a criminal record, allowing them to maintain their reputation and future prospects.
Employment Opportunities
Employers often conduct background checks on prospective employees, and a criminal record can be a significant deterrent for your employment prospects. With a no conviction recorded verdict, individuals can protect their chances of securing employment and avoid potential discrimination based on a criminal history. With most employers you are required to disclose serious previous criminal offences such as sexual offences. However, this is usually not required for traffic offences.
Travel and Visa Applications
Certain countries have strict regulations regarding individuals with criminal records. A no conviction recorded outcome can prevent travel restrictions and complications when applying for visas, allowing individuals to freely travel without the burden of a criminal conviction.
What Does No Conviction Recorded Mean?
When a court decides to deliver a “No Conviction Recorded” verdict, it essentially means that despite the accused being found guilty or pleading guilty, no conviction is recorded on their criminal record. This outcome signifies that the individual will not be subject to the typical penalties or carry the stigma associated with a criminal conviction.
Before delving deeper into the implications of a no conviction recorded outcome, it is important to grasp the concept of a police record in NSW. A police record, also referred to as a criminal record, comprises documented information about an individual’s criminal history, including any prior convictions and criminal charges.
Going To Court?
Send An Online Enquiry
Sentencing Options in NSW for No Conviction Recorded
If you plead guilty or are found guilty of an offence, the Court has a number of sentencing options. These are for example, section 10 orders, available under the Crimes (Sentencing Procedure) Act 1999 (NSW), are a form of criminal sanction that can be imposed by a magistrate or judge during sentencing. These orders allow the court to find the accused guilty without recording a criminal conviction. Furthermore, section 10 orders can be accompanied by specific conditions.
According to the Crimes (Sentencing Procedure) Act 1999, there are three types of section 10 orders that may be issued when the court decides not to convict an offender:
- Section 10(1)(a) Order
This order dismisses the relevant charges against the accused. In other words, the court determines that the accused is guilty but chooses not to impose any further penalties or record a conviction.
- Section 10(1)(b) Order
This order involves discharging the person under a conditional release order (CRO). The accused is released subject to complying with certain conditions specified by the court. These conditions may include good behaviour, attending rehabilitation programs, or receiving treatment.
- Section 10(1)(c) Order
This order discharges the person on the condition of their participation in an intervention program. The court may require the accused to complete a specific program tailored to address their underlying issues, such as substance abuse or anger management.
By utilising section 10 orders, the court aims to provide an alternative approach to traditional sentencing, allowing individuals to address their behaviour and rehabilitate without the burden of a criminal conviction. It is important to note that the specific conditions accompanying these orders are determined on a case-by-case basis, taking into account the circumstances of the offence and the individual involved.
Section 10 orders serve as a recognition that in certain situations, rehabilitation and support may be more appropriate than punitive measures. They provide an opportunity for offenders to make positive changes in their lives while avoiding the long-term consequences associated with a criminal conviction.
It is crucial to consult with a knowledgeable criminal lawyer to understand the options available under section 10 and to present a strong case for the most favourable outcome during sentencing. Their expertise will ensure that your rights are protected and that you receive the best possible guidance throughout the legal process.
Conditional Release Order Without Conviction
A conditional release order without conviction can be imposed by a sentencing court without recording a conviction, meaning that the sentence will not result in a criminal conviction and will not be visible on your criminal record.
However, a CRO without conviction may include additional conditions, such as a requirement to maintain good behaviour for a period of 12 months. This is similar to the previously imposed good behaviour bonds under the old legislation.
The standard conditions of a CRO are as follows:
- You must not commit any offence during the term of the order.
- You must appear before the court if summoned to do so at any time during the order’s duration.
Furthermore, the sentencing court or a community corrections officer may impose additional conditions on the CRO either at the time of sentencing or later, upon application.
These additional conditions may include:
- A rehabilitation or treatment condition, which necessitates the offender’s participation in a rehabilitation program or receiving treatment.
- An abstention condition, which requires the offender to refrain from consuming alcohol and/or drugs.
- A non-association condition, which prohibits association with specific individuals.
- A place restriction condition, which forbids the frequenting of or visits to particular places or areas.
- A supervision condition, which mandates the offender’s submission to supervision either by a community corrections officer or, if the offender was under 18 years old when the condition was imposed, by a juvenile justice officer until they reach that age.
However, certain conditions cannot be imposed as part of a CRO. These conditions include:
- Home detention.
- Electronic monitoring.
- Curfew.
- Community service work order.
Does a Non Conviction Stay On Your Record?
In NSW, under criminal law a non-conviction does not appear on a person’s criminal record. However, while the non-conviction itself may not be visible, the fact that an individual has been charged or faced criminal proceedings may still be recorded by law enforcement agencies. These records may exist for various purposes, such as future investigations, potential court proceedings, or certain background checks.
Accordingly, it is crucial in seeking legal advice with our criminal lawyers in Parramatta who can provide tailored advice based on the specific circumstances of the case. They can guide individuals on the best course of action to minimise the potential impact of criminal proceedings on their record.
A “No Conviction Recorded” outcome in NSW holds significant importance for individuals facing criminal charges. By understanding the implications of this verdict, individuals can comprehend the potential benefits it offers, including the absence of legal consequences, avoidance of stigma, and preservation of employment and travel opportunities.
However, it is essential to seek professional legal advice to navigate the complex legal system effectively. Consulting a skilled criminal defence lawyer in NSW ensures individuals receive the best possible guidance and representation to achieve the most favourable outcome.
