If you go to court and plead or are found guilty then you are convicted of the offence. In normal circumstances, once you have been convicted the court will then record a conviction against you. If a conviction is recorded against you then it will appear on your criminal or traffic record and you will be required to declare the conviction when properly requested. However, what is often of significant importance (particularly for younger people and first-time offenders) is whether the court can be persuaded to not record a conviction.
Having a conviction recorded against you can have serious and ongoing implications. You may need to provide a copy of your criminal record in applying for a job, working as a volunteer, getting an overseas visa, working with children, or applying for insurance or a mortgage. Having a criminal or traffic conviction can make such applications far more difficult. If the circumstances of your case make it appropriate, Rawlings Criminal Law can assist by making an application for you to maintain a clean record.
In arguing to convince the court to not to record a conviction good reasons must be presented. In determining whether such reasons exist, the court will consider matters such as:
- whether it is your first offence
- the nature of the offence
- your role in the offence
- your general character and age
- any steps you have taken to make amends for or address the offending
- whether a conviction would cause you to lose your job or make it difficult for you to find one
- any impact that a conviction would have on your economic circumstances
- any impact that recording a conviction would have on your social wellbeing
- whether you are working as or studying to be a professional
- whether you intend to travel to a country that restricts travel by persons with convictions
To effectively argue that the court should not record a conviction requires a detailed knowledge of the relevant law along with strong, well presented, and legitimate submissions. If you are considering applying for no conviction to be recorded against you, we recommend that you contact us so we can sit down and discuss the steps to be taken and how to collect and present evidence in support of the application.
Note – In some limited circumstances (for example, applying for a Blue Card or to join the police force) despite having “no conviction recorded”’ you may still be required to declare. Accordingly, if you are unsure whether you are required to declare your conviction or not you should always seek legal advice.
If you are looking for a lawyer who will provide you with personal attention and formidable representation, then Rawlings Criminal Law is here for you.
Book your initial free consultation and let’s get your problem sorted.
If you are looking for a lawyer who will provide you with personal attention and formidable representation, then Rawlings Criminal Law is here for you.
Book your initial free consultation and let’s get your problem sorted.