Will a Criminal Record Affect My Job?

One of the biggest concerns people have after being charged with a criminal offence is whether it will affect their job.

A criminal record can have significant consequences for both current and future employment, but the impact depends on the type of offence, whether a conviction is recorded and the nature of your work. In some cases, a criminal record may have little or no effect. In others, it may affect your ability to obtain or keep certain jobs, licences or professional registrations.

Will Every Criminal Record Affect My Employment?

No.

Not every employer asks about criminal history, and not every criminal conviction will prevent you from obtaining employment.

The impact of a criminal record often depends on:

• the type of offence;

• how long ago it occurred;

• whether a conviction was recorded;

• whether the conviction has become spent; and

• the nature of the position you are applying for.

Many employers assess applicants individually, taking into account the relevance of the offence to the role.

Which Jobs Are Most Likely to Be Affected?

Some occupations have strict legal or regulatory requirements regarding criminal history.

A criminal record may affect employment in areas such as:

• teaching and childcare;

• health care;

• policing and emergency services;

• security and crowd control;

• corrections;

• law and legal services;

• financial services;

• government employment; and

• occupations requiring professional registration or licensing.

For these roles, employers or regulators may conduct criminal history checks before employment or as part of ongoing registration requirements.

Does It Matter Whether I Receive a Conviction?

Yes.

One of the most important factors is whether the court records a conviction.

In Victoria, a court may, in appropriate cases, find you guilty without recording a conviction under section 8 of the Sentencing Act 1991 (Vic).

Avoiding a recorded conviction can significantly reduce the impact of criminal proceedings on future employment because a finding of guilt without conviction is generally spent immediately once any conditions attached to the sentence have been completed under the Spent Convictions Act 2021 (Vic).

Where a conviction is recorded, it may continue to affect employment opportunities until it becomes spent or, in some cases, indefinitely.

What If My Conviction Is Spent?

Victoria’s spent convictions scheme allows many convictions to become spent after a period of time or following a successful application to the Magistrates’ Court.

Once a conviction becomes spent, it will generally not appear on an ordinary National Police Check, and in many situations you are not required to disclose it to an employer.

However, there are important exceptions. Certain employers, licensing bodies and government agencies are entitled to obtain information about spent convictions, particularly where the work involves children, vulnerable people, law enforcement or other regulated professions.

Can I Lose My Current Job?

It depends.

Some employers have policies requiring employees to disclose criminal charges or convictions, particularly where the role involves trust, safety or professional registration.

Whether you can lawfully lose your job depends on factors such as:

• the terms of your employment contract;

• your employer’s policies;

• the nature of your work;

• whether the offence is relevant to your duties; and

• any legislation governing your profession.

A criminal conviction does not automatically mean that you will lose your employment.

Can a Lawyer Help Me Avoid a Criminal Record?

Yes.

If your matter is still before the court, there may be options that reduce the impact on your future employment.

Depending on the circumstances, your lawyer may be able to:

• seek diversion;

• apply for a finding of guilt without conviction;

• negotiate a different charge; or

• defend the allegation if the prosecution cannot prove the offence.

Taking the right approach before your case is finalised can have significant long-term benefits for your career.

Speak to Wilkinson Lawyers

If you are concerned about how a criminal charge or conviction may affect your employment, Wilkinson Lawyers can help. We regularly advise clients throughout Victoria on diversion, non-conviction outcomes, spent convictions and other strategies designed to minimise the impact of criminal proceedings on future employment. We can explain your options and help you achieve the best possible outcome.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.