Last updated 23 September 2024

Criminal records

The Queensland Police Service keeps criminal records for all offenders. These records include details of arrests, court appearances, convictions, fingerprints (when applicable) and photographs.

If a person is found not guilty of an offence, a charge is dismissed or dropped, or a conviction is set aside or quashed on appeal, then that will not appear on a person’s criminal record.

Although the information in a person’s criminal history remains permanently on record, a person may be entitled to say that they have no previous convictions in certain circumstances.

It is an offence for police to disclose information from a person’s criminal records other than for a prescribed purpose or in specific circumstances (s 12 Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) and s 10.1 Police Service Administration Act 1990 (Qld) (PSA Act)). The Commissioner of Police may authorise the release of information in the possession of police (including a persons’ criminal history) to police officers and to certain authorised government departments and public bodies (s 10.2 PSA Act).

Legal disabilities

An offender will generally suffer legal disabilities as a result of a conviction. These disabilities are imposed by the law and society, and may last throughout the offender’s life. Many offenders also limit their own career ambitions and involvement in community life because they fear disclosure of their conviction.

The extent of the detriment suffered will depend upon whether the court records a conviction against the offender. The Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act) gives a judge or magistrate considerable discretion in deciding whether to record a conviction, depending upon what penalty has been imposed. In making the decision of whether or not to record a conviction, the court will consider the nature of the offence, the offender’s character and age, and the impact that the recording of a conviction would have on the offender’s economic and social wellbeing or employment prospects (s 12 Penalties and Sentences Act). In some circumstances (e.g. when the court is imposing a prison sentence), the court must record a conviction.

In most cases, a conviction that is not recorded is taken not to be a conviction for any purpose, except for subsequent proceedings in relation to the same or other offences, or when the court is able to make certain orders under any legislation on the basis of the existence of a conviction (s 12(3) Penalties and Sentences Act).