WHAT DOES ‘WITHOUT CONVICTION’ MEAN FOR MY EMPLOYMENT?

When imposing penalty upon a guilty plea or finding of guilt after trial, a Court has the discretion under certain circumstances to refrain from recording a conviction under the Criminal Law Sentencing Act 1988.* In South Australia a ‘no conviction’ or ‘without conviction’ ruling automatically becomes a ‘Spent Conviction’ under section 4 of the Spent Convictions Act 2009. It is an offence to disclose a Spent Conviction and thus such an offence should not appear on a Criminal History Clearance Check through the South Australian...

read more

WHEN CAN A CRIMINAL CHARGE BE FINALISED WITHOUT A CONVICTION?

Two recent decisions handed down by the Supreme Court have considered the circumstances under which a criminal conviction should not be recorded against a person found guilty of an offence. In one case, this was despite the fact that the accused person was found guilty of the charge of assault after a six-day trial. Under the Criminal Law (Sentencing) Act when a Court finds a person guilty of an offence for which it proposes to impose a fine, community service or both, then the Court may do so without recording a conviction if it is of the...

read more