Last updated 29 August 2016
Generally, it is not necessary to reveal a criminal conviction in a job or licence application unless specifically asked to do so in accordance with specific provisions of the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) (CLRO Act). Examples where an applicant may be asked to reveal any criminal convictions include where the person in question is seeking admission to a profession, where the applicant is seeking to become a police officer or where the person requesting the information has been granted a permit under s 10 of the CLRO Act. Most licence application forms do not require minor traffic violations to be disclosed.
The CLRO Act also provides that an offender is not obliged to disclose a conviction if no conviction was recorded. Similarly, a person need not disclose the fact that they were charged with an offence if the charge was dropped or dismissed, or they were acquitted (s 5 CLRO Act).
The CLRO Act also enables an offender who has had a conviction recorded to deny that conviction on oath or under affirmation if:
- the sentence that resulted from the conviction was non-custodial or was for a term of 30 months (2½ years) imprisonment or less
- 10 years have elapsed since the conviction was recorded, and during the 10 years the person has not been convicted upon indictment of any other indictable offence. A five-year rehabilitation period applies in relation to offences dealt with summarily (before a magistrate) or where the offender was dealt with as a child.
However, the CLRO Act still requires disclosure of convictions if such disclosure is otherwise required.