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What is in a criminal record kept by the police?

Criminal records in Victoria consist of two kinds: certificate issued by VicRoads detailing a person’s driving record and information that is kept on the Police Law Enforcement Assistance Program (LEAP) database.

What are listed in a criminal driving record?

A driving record will include the following information:

  • number of demerit points credited to the license of the driver;
  • convictions for driving offences
  • fines imposed for drink or drug driving,;
  • fines imposed that as a result the driver lost his/her license;
  • traffic camera offences.

What is in the LEAP database kept by the police?

The LEAP database contains all of a person’s records of involvement with the criminal justice system. The database contains all the criminal charges that have been filed and the results of these charges. This is regardless if the charge resulted to a conviction, acquittal or diversion.

The information in the database will not be released unless the police prosecutor will use the information to tell the court of the criminal history of a person found guilty of a crime or if the court needs the criminal record to determine the penalty.

What is in a criminal record kept by the police?

The criminal record kept by the police will contain information or details as to the following:

  • description of the offence;
  • court hearing the offence;
  • dates of court appearances;
  • decision of the court, whether guilty or not;
  • penalties, if any.

How far back is a criminal record available?

A person’s criminal record is available as far back as ten years from sentencing provided that person sentenced is 18 years and over at that time and five years from sentencing if the person is below 18 years at the time of sentencing.

Release of criminal records more than ten years old

Criminal records that are more than ten years may sometimes be released under the following circumstances:

  • the person with a criminal record is applying for a job involving children and other vulnerable people and this person’s criminal record includes violence or sexual related offence;
  • the record includes an acquittal by reason of insanity or mental impairment;
  • the record includes an offence that resulted to a custodial sentence longer than 30 months;
  • the criminal record check is for purposes of
  • assisted reproductive treatment;
  • registering with a child-screening unit and/or the Victorian Institute of Teaching;
  • applying for a casino or gaming license;
  • applying for employment in a prison or police force;
  • applying for a bus driver’s license, sex worker license, taxi driver license, security guard license;
  • applying for a firearm license.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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