Three aspects to criminal records in the aviation industry:
(i) Eligibility for an ASIC/AVID - this is a narrow test very specific to certain classes or levels of offences.
(ii) Employment pre-screening - Employers may seek a declaration and/or a national criminal records certificate regarding any charges or offences.
(iii) International Working/Transit Visas - Many countries, particuarly the US, have restrcitions on entry to the country as a result of criminal records, regardless of the time or various 'spent convictions' schemes. This may apply to your visa for entering the country for the purposes of transit as a commercial pilot or for training as a commercial pilot to get an endorsement. Might be very embarassing when they send you o/s only to discover you are coming straight home in the jump seat for some minor infraction you failed to mention at recruitment.
Note:
(i) The spent convictions scheme(s) only apply in certain states. Victoria has NO spent convictions scheme, however the Vic police have a 'disclosure policy' that is discretionary and not binding. The Federal scheme only applies to Federal offences. I understand that most schemes only apply to the jurisdiction where they are located - may not cover you for overseas visa purposes, so don't get a shock when the Federal police tell the US immigration that you had a finding of guilt for 1 gram of marajuana 18 years ago when you were 17.
(ii) Convicitons and non-convicitons - Usually, pre-employment, Visas and the ASIC process will feature questions and require declarations specific to whether you have been
- charged with an offence and the outcome
- been the subject of a finding of guilt. A finding of guilt can arise even though you were 'not convicted'. these days, a finding of guilt is treated the same as a conviction. In fact, some spent convictions legislation declares that findings fo guilt are criminal offences for the purposes of the Act.
(iii) Diversion - diversion is where you effectively avoid a hearing by admitting your wrong doing and apologising. Usually a first time event for a minor offence. This will usually be recorded with an outcome of 'discharged', rather than dismissed and it may be patently obvious that you were up for it, even though there was no finding of guilt.
(iv) offences that are not arising from the criminal/common law, summary offences act, crimes act or other 'criminal' laws can still be criminal offences that are requried to be declared. An offence prosecuted in court is a criminal offence, unless it is stated to be a civil penalty provision.
The following are still regarded as 'criminal' if prosecuted in court;
- tax offences
- traffic offences (speeding, drink driving, careless driving)
- offences to do with non-compliance with various other laws, such as the various Avaition Laws, Building Act, Domestic Building Contracts Act, Planning adn Environment Act, Transport offences (no ticket, feet on the seats etc...)
THE POLICE DO NOT HAVE TO PROSECUTE YOU for it to be CRIMINAL.
Ticketed pecuniary peanlties in the form of expiation notices (i.e. parking fines) are not generally regarded as crimes, as they do not require an admission of guilt opr appearance at Court, UNLESS you don;t pay and they issue a warrant in the PERIN Court - then you are up sh-t creek.
The golden rule is don't lie. If they later discover some minor infraction for dope, drunka disorderly, pissing in the street, telling a ticket inspector to 'f-off', then they will regard the failure to disclose or declare dishonest.
Signing a declaration where you know it is false, (i.e. a declaration of criminal history) is most likely to be a serious offence, unless protected by spent convictions legislation, IF it applies. Tell them the truth.
PM me for further info or a referral to a criminal lawyer.
I spec. in construction and industrial law, but can refer you to an expert in the area. Cheers, P