If you have cautions and offences from when you are under 18, you may be wondering what will appear on your criminal record as an adult.
A caution or warning is not the same as being convicted of an offence. Cautions and warnings will not show up on your adult record.
Offences are more complicated. Some offences on your youth record will stay on your adult record whilst others may not. The seriousness of your offence and your age may have an impact on what appears on an adult record.
A serious crime is classified as an act with the intention of harming another person or taking their property. Examples of serious crime can include:
- murder
- assault
- carrying guns or weapons
- sexual assault.
Regardless of your age, if you are found or pleaded guilty to a serious crime then your offence will appear on your adult record. If you were under 16 and were found or pleaded guilty to a non-serious crime, then no offence will appear on your adult record. If you were 16 years or older and were found or pleaded guilty to a non-serious crime, the Childrens Court may decide not to record your offence; it will not appear on any record. If the court decides to record your offence, it can appear on your adult record.
A spent offences scheme in Victoria allows for some youth offences to be considered spent after a 5 year period. Once a conviction is considered spent, it will no longer appear on your adult record as long as you avoided further breaches or offences during that time. This time frame varies across Australia. You do not have to inform anyone of your spent offences, even if you are asked. There are some youth offences that never become spent. These may include:
- offences for which you were imprisoned for 30+ months while under 18
- sexual related offences for which you were imprisoned
- offences classified as serious.
These offences will remain on your adult record.
If you are unsure of what offences will be on your record, you can pay to get a copy of your own record from your state police agency.
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