Criminal Record
 

This is it, I have been incredibly stupid and I am facing court early next week.

Fact. Could possibly get a record for being stupid (nothing major)

I need to find out any information that can help me out in court!!! I am aware I will need security checks, what do they look for. I need any information you guys can give me to help save my neck.

Any information would be appreciated.

Thank you

Check your email

The only offences which will prevent you from legally holding an ASIC card are known as schedule 3 offences, and are those which include dishonesty, violence, drugs (maybe some others). This is the same across the country, so for more detail check with your local airport authority as to whether they would view your offence as a schedule 3 offence.

Although your offence may not be a schedule 3 offence, it may still however appear on your AFP Criminal History check as conducted by the airlines, and whether this is a determining factor in your potential employment............:confused:

Driving offences generally don't appear if they are expiated, however more serious driving offences where a conviction is recorded will appear.

What did you do?

Cadaver Inc. may be able to help with any difficulties prior to trial...

;)

Jimmy

I've got a driving offence on mine, how long do they stay on there till they expire?

Cheers

My advice is to talk to a solicitor and or barrister who will advise you that there is a section of the crimes act that allows for you to enter a guilty plee but have no conviction recorded (if you are of good character etc...). A professional acquaintance of mine had a customs 'incident' and ended up going to court. He pleeded guilty but had no conviction recorded and now works with a large Australian airline. Hope this helps...

Get an asic application, its all detailed on that.
I myself have an indiscretion some 12 - 13 yrs ago which still comes up every asic renewal. They still issue the card but you must be upfront about it evry time you renew the card or they think your trying to hide it away, even though they say the nature of the incident does not warrant listing it on the application.
Any questions, ring the feds in canberra.

Coomacowboy
Try looking at the spent convistions rules it may help. Most states have a deal that if you have not comitted another offence for 10 years then they will remove the conviction from you record.
This stops it coming up every few years.

Hey fanning,

Usually the only driving offences that will appear are stuff like DUI, driving unregistered/uninsured, dangerous driving, and the like. Usually if its something you've been to court for, and been convicted, it will appear.

With regard to spent convictions, a conviction will be spent if ALL of the following apply (from QF Crim history check info):

• The individual was not setenced to imprisonment for the offence, or was not sentenced to imprisonment for the offence for more than 30 months
• It is 10 years since the date of the conviction [5 years for child offenders]
• The individual has not reoffended during the 10 year waiting period, and
• A statutory or regulatory exclusion does not apply

However offences involving violence will not be covered by the spent convictions scheme.

******

My 74 in a 60 zone is still listed :mad: :mad: :mad:

One day it *might* dissapear :rolleyes:

Small but significant point: the record of the offence or the fact that you have been dealt with by the court is never expunged.

The "spent conviction" provisions allow you to tell a statutory lie. That is, you are authorised by law to deny that you were dealt with by the court in relation to a matter that satisfies the defintion of a "spent conviction". (See for instance section 85ZV of the Commonwealth Crimes Act 1914.) There are also restrictions on the disclosure by and the use to which the record may be put by the record holder.

But the record will always be there.

Yes, so try to have 'no conviction recorded' in the first place...

HELPrequired,

the best advice i could offer would be to get yourself a very good legal team. I too have just experienced something very similar and could have had a convicition recorded. In court you will see the benefit of spending some serious cash, and i mean serious cash on an experinced barrister.

But it all depends on : what you did!
: why you did it!
: history!
: referees!

There are so many things that i did to ensure that no conviction was recorded against me. If you would like to email me i will pass on the names of my legal defence who i'm sure would be more than happy to represent you in court.

At the end of the day if it costs a lot of money i'm sure it will be no where near the cash spent of years of training, which will all be down the drain if you have a criminal conviction.

Many will say that if you are concvicted an airline career is still possible, but being in the same situation as yourself in the past, the reaction i recieved from the wider community, aviation that is, was that a conviction was looked poorly on from an airline, or any other future employer.

does a driving offence (speeding) count??

Guys, I can only speak for Victoria, but most states in oz have SIMILAR provisions. As Creampuff pointed out, your conviction does NOT disappear after 10 years, whether you ask or not. It simply cannot be alledged as a prior conviction at court should you be so silly as to commit a further offence 10 or more years later. And be aware that even after 10 years, some convictions CAN still be held against you anyway.

As far as traffic matters go, they ALWAYS appear on your record in Victoria, if you have been convicted. After 10 years, a DUI conviction cannot be used against you as a prior conviction, (see above) but it always remains. Be aware too, that if you get a suspension or disqualification of your licence for speeding or demerit points, that also counts as a conviction, and is recorded for posterity. This applies whether the suspension was as a result of a penalty notice OR court hearing, there is no difference.

One last point guys, ordinarily if you are issued a penalty notice for an offence, and it does not suspend or disqualify your licence, there is no record of the penalty notice on your permanent record. The notice is kept for 3 years in Victoria to allow counting of further penalties for the period. IF you decide to fight a penalty notice at court, and you lose, and the magistrate records a conviction, you get it for good, whereas simply paying the ticket means its over and no permanent record is kept. (Instant Suspensions or Disqualifications excepted!) Hope this helps.

BTW If it helps, as I do some work in this industry, if I ask you if you have a prior conviction, however small, I expect the honest answer. Honesty counts in your favour a whole lot more than some pissy conviction I find out about later!

Hey Sodoff,
Make like your name!

Cowboy, what have I said to deserve that response? The advice to obtain legal representation to get a "no conviction recorded" as a result of a court appearance may remove a barrier to this poor fellows chance of an airline career. I know that if my friend had not done this he probably would not be flying the big jet with the red tail...

Tooheys

Your record may not preclude you but you obvious learning disability, certainly will

GG

HELPrequired

As I'm currently in that industry I may be able to help you. Email me and we can have a chat

[email protected]