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]

A friend of mine got into AN in 1981 while having a drink-driving conviction which he copped at 18. He said Henry was satisfyed though as it was a first offence, no one killed, no damage to property, and no further incidents had followed since then. And my mate had pulled his head in well since then.

Given the massive competition between jobs these days Id say carrying a conviction against you for anything can only be a handicap. All you can hope for is that the potential employer can see through to your bigger picture.

Tooheys

Nice trick, removing your post after someone has responded.

To refresh your memory, I assume you were pissed when you made the original post, you stated that you had received 3 speeding tickets on the same day from the same cop on the same strip of highway, I think between SYD and NTL.

As I said a little learning difficulty, or in view of your retraction, perhaps a braggart, either way your attitude will go against you more than the conviction.

GG

grangegulible

Nice trick, removing your post after someone has responded.
no trick , easily done with the vB code facility

To refresh your memory, I assume you were pissed when you made the original post, you stated that you had received 3 speeding tickets on the same day from the same cop on the same strip of highway, I think between SYD and NTL.

exactly right grangieboy , same officer , and 1 ticket while accelerating from roadside to merge with high speed traffic flow , and 2 later that afternoon while entering the exit ramp , both within 20 minutes of each other.
If I recall correctly his words were "you city types in your fancy cars think you can do what you like out here ?.....etc "
anyway , legal advice was to just pay up and forget about it , contesting was to cost 5x more etc etc
never heard anything further since , until this proone article led me to question the "status" of the infringements .......did it constitute a criminal conviction ? NO....will it affect my job/employability later ? HASNT YET....army reserve didnt mind and NSW liqour licencing and gaming board background security check (for family pub)came up smiley....so that only left the red tail.....

As I said a little learning difficulty, or in view of your retraction, perhaps a braggart, either way your attitude will go against you more than the conviction.
you are exactly right again grain-gobbler , my attitude stinks , and it only gets worse when three fingered reptiles launch into a petty personal attack over a legitamate Pprune posting.
no need for such witless behaviour , son.

lets try to keep the D+GZ forum what it should be - a good and reliable source of information (rumours/hearsay..etc) and entertainment....pleeeeese ??

Tooheys

Must congratulate you on originality. Have been called many things, probably more than I am aware of, but never before have I heard " three fingered reptile". As a positive I guess I would prefer to be refered to as a lizard rather than a snake or perhaps a weazle. After all one can be "flat out like a lizard drinking" or as "pissed as a lizard".

It seems you are a tad defensive. The original response to your post was done so in the manner of many posts in this forum and along the lines of that verenerated Oz tradition of the pisstake. That you withdrew your statement indicates that at the time you had second thoughts about that which you had said. The act of withdrawal was less than courageous, and that is what prompted the second response. If you are not man enough to live with what you say, don't open your mouth. If you do say something have the courage to face up to the consequenses. As I said the first was a pisstake.

And BTW, next time you are being interviewed for anything to do with your career, check to see if the grey hair opposite has three fingers.

Cheers

GG:p

Can you still get a pass and/or be employable by the airlines if you are declared a Bankrupt?
(i.e unable to pay back loan taken out for your pilots licence!)

Help required.

Don't panic.It's a croc.

I have just been through a 6 week(supposed to be 10 days) search and they had 2 states that wanted to do "further enquiries"on me.all for nothing.
The certificate states"Police Certificate-Name check Only-This is to certify that there are no Disclosable Court Outcomes recorded against the name of:.......................born in ........on............19...in the records of the Australian Federal Police or any Australian State or Territory as at ........2002.
I have just joined a new airline in aus and this was the cause of some undue doubt and alot of grief.
I hope this helps you and others.
Would you like me to send you the bla bla bla in fine print where they can't say anything because of the legislation in the commonwe.........

Mainwheel (first to arrive-last to leave!)

More of the same
 

:confused:

I'll bring this one back to the top. I to found myself in a similar situation. ( As some of the posters in this topic would confirm it can be quite easy to get into trouble and face court.) I was ableto get conviction not recorded and would like to ask some questions of those that have been before.
Firstly HELPrequired - how did you fare in court??.

Sodoff / G cantstandya - you two either had this problem and new someone that did. What implications does this have for security checks. Are they simply looking for a conviction. Also how does this impact for visas when transiting countries.

Mainwheel - You seem to think it was a "croc" and did not seem too concerned What was your experience. You also talked about commonwealth legislation. I would be happy if you could point me in that direction.

And to all those that think that you could never get in trouble with the police. Just be careful when your walking home one night aftera few beers. Anything can happen and in you get the wrong cop it can cause no end of heartache.

cheers