​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Driving and criminal records 

If you have to go to court for an offence, the details are recorded on your criminal history. A criminal history is a record kept by the Police, with details of all offences you have been to court for. If the offence is a driving offence and you are convicted by the court, the conviction is recorded on your driving record. If the offence is a criminal offence and you are convicted by the court, the conviction is recorded on your criminal record.

Most convictions will become 'spent' after a certain period of time. This means the conviction will no longer be part of your criminal record and you may not have to disclose it to anyone, however there are some exceptions.​

    Driving r​​​​ecord

    Your driving record is a list of all traffic offences that you have committed in New South Wales. It is also known as a traffic record. 

    Your driving record includes:

    • records of any fines that you have paid, except parking offences
    • any traffic offences that you have heard in court where you were found guilty, including 'section 10 dismissals' (where the court finds you guilty but records no conviction).

    Your driving record will state:

    • the date of any offences
    • the name of the offences
    • the amount of the fine or other penalty you received
    • the demerit points you were given for the offence
    • where the SDRO has cautioned you for an offence but not fined you.

    If you go to court for a driving offence and the magistrate finds you guilty, your driving record may influence the sentence you are given.

    If you want to get a copy of your driving record, go to the 'myRTA' section of the Roads and Maritime Services website.

    Criminal record

    Your criminal record includes a list of all criminal offences where you have pleaded guilty or been found guilty and convicted by a Magistrate. It also includes serious traffic offences such as:

    • drink driving
    • dangerous or negligent driving where someone is hurt
    • driving whilst disqualified.

    When a court finds you guilty, it must make a decision about your penalty or sentence. Before making a decision, the prosecutor will hand up (give to) the magistrate a copy of your criminal record and/or driving records. The magistrate will use these to decide on a suitable penalty.

    Icon: HintCheck with the prosecutor whether they are handing up your criminal record or your criminal history. They can hand up your criminal record but should not hand up your criminal history (unless the court is making a decision on a bail application). If the magistrate sees your criminal history they may be more likely to give you a more serious penalty. Before the document is handed up (given to) to the magistrate, you should make sure it only includes offences you were found guilty of. If the prosecutor has handed up the wrong document, ask them to change it. Only raise an objection if they insist on handing up the wrong document.

    Criminal history

    A criminal history is a list of all offences you have been to court for, including all offences where:

    • you were found guilty
    • you were given a section 10 dismissal
    • you were found not guilty
    • charges were dismissed.

    A criminal history will also list any apprehended violence orders and warrants. The prosecutor will usually hand up (give to) the magistrate a copy of your criminal history if you are applying for bail or a change in bail conditions.

    Spent convictions

    Most convictions become spent after 10 crime free years for adult offenders and 3 crime free years for child offenders. This means the conviction will no longer be part of your record. However, just because a conviction is no longer part of your criminal record, it doesn't mean all records of it disappear completely. The conviction will still be noted on your criminal history and may be disclosed in some circumstances.

    What convictions can become spent?

    All convictions are capable of becoming spent, except:

    • convictions where a prison sentence of more than six months was imposed
    • sexual offences
    • convictions against companies and other corporate bodies.

    Disclosing spent convictions

    If a conviction is spent you may not have to disclose it to anyone. There are some exceptions to this, for example:

    • If you apply for certain jobs such as a judge, magistrate, justice of the peace, police officer, member of staff of Corrective Services NSW, teacher or teacher's aide, a casino employee, or child care worker.
    • If you apply to be admitted as a lawyer in NSW.
    • If you apply for certain jobs with the Police Integrity Commission, NSW Crime Commission Office of the Director of Public Prosecutions, Independent Commission Against Corruption (ICAC), or as a Crown Prosecutor.
    • If you apply for a position in firefighting or fire prevention and you have been convicted of an arson or attempted arson offence.
    • If you apply for a security licence.
    • If you apply for a permit to possess or use a prohibited weapon.
    • If you are under 18 years and you apply for a firearms license or permit.
    • If you are sentenced for another offence.

    If you have been asked to disclose your criminal record and you are not sure what you need to disclose you should get legal advice.

    It is an offence for someone to disclose your spent convictions to anyone else. However, the Criminal Records Section of the NSW Police is allowed to disclose information about your spent conviction to:

    • courts, in some circumstances
    • law enforcement agencies, and
    • other State and Federal government agencies.

    If you want to get a copy of your criminal record, go to the 'Criminal Records Section' of the NSW Police Force website.  

    Extinguished convictions

    For some types of historical homosexual offences, you may be eligible to apply to the Secretary of the Department of Justice for your previous conviction to become extinguished.

    If a conviction is extinguished, you will not be required to disclose any information about the conviction.

    A historical homosexual offence is where a person was convicted of engaging in a homosexual activity. You should get legal advice to find out if you are eligible to make an application for extinguishing a conviction.

    If the convicted person has died, and you want to make an application on their behalf, you can do so if you are:

    • the convicted person's lawyer, or
    • a spouse, de facto partner, parent or child of the convicted person, or
    • a person who was in a close personal relationship with the convicted person immediately before the convicted person's death. ​​​​