We are often asked ‘what does having a conviction on my record really mean?’
There’s a lot of misinformation around about what a conviction is and what it means for your future. It’s important to get the right advice.
Let’s look at what a drink driving conviction really means and how our drink driving lawyers in Sydney can help.
What Goes on Your Record After a Drink Driving Conviction?
Drink driving is a criminal offence. This means it carries a criminal conviction.
A conviction for drink driving will show up on two key types of records in NSW:
- Criminal Record: This is a record of all criminal offences you have been found guilty of. It is managed by the NSW police force.
- Driving Record: This tracks your drivers licence status and driving offences. It includes things like traffic infringements, drink driving offences and licence suspensions. It’s managed by Transport for NSW.
A conviction for drink driving will show up on both your criminal record and your driving record. The entry will show the type of offence, dates and the sentence imposed.
How Long Will a Conviction Show on the Record?
The drink driving offence will show on criminal record searches for 10 years after the conviction is imposed. After that time it becomes ‘spent’, unless you have committed further offences.
When a conviction is ‘spent’ the offence is not included in most general criminal record searches. However, there will still be some situations where a spent offence is disclosed. Examples include for some types of employment and immigration, and future court proceedings.
The offence will always appear on your driving record, even after it is ‘spent’.
Want to know more about how long drink driving convictions stay on your record?
Can I Avoid a Conviction for a Drink Driving Offence?
In most cases the court will record a conviction for drink driving.
There are some cases though where the Judge will consider not recording a conviction. This is often called a ‘Section 10’ or Conditional Release Order without Conviction. It means the person has been found guilty, but no conviction is recorded.
If no conviction is recorded the Judge cannot impose a penalty for the offence (except for a good behaviour bond) and the driver’s licence is reinstated without a further disqualification period. One of the main reasons people seek to avoid a conviction for drink driving is avoiding licence disqualification for drink driving.
A Judge might consider not recording a conviction where the alcohol reading is low, the person has a very good driving record or there are strong extenuating circumstances. Even with those factors it’s not always possible. It’s important to get honest advice from an experienced lawyer about whether avoiding a conviction is possible in your case.
The other way to avoid a conviction is to be found ‘not guilty’ of the offence. With a not guilty finding, the charge is dismissed and will not appear on your driving record or criminal record.
How does a Finding of Guilt Without Conviction Show on the Records?
A common misconception is that a non-conviction removes the offence from your records entirely. That is not true. The offence is still placed on your records, but is disclosed less often.
A finding of guilt without conviction is treated as a ‘spent’ conviction. This means it will not be included in most general criminal record searches. However, there will still be some situations where it is shown, such as for some types of employment and immigration, and future court cases.
A non-conviction will also always show on the driving record.
Employment and Career Impacts
The conviction’s impact on your career and employment is a common thing to worry about.
Part of the difficulty is that the impact varies case to case.
Many employers check criminal and driving records as part of hiring. Some employment contracts require employees to disclose charges and convictions. Once the offence is disclosed, the outcome comes down to the employer’s discretion.
Having a conviction does not mean you are automatically locked out from employment. We have represented hundreds of people for drink driving offences. The majority are still able to find and maintain employment.
However, the criminal record is a factor that employers consider. It can be the difference in choosing between two candidates.
Ideally, it’s best to avoid a conviction where possible.
Travel Restrictions and Visa Applications
Each country has its own rules about visitors with criminal convictions.
There are a few that have clear rules prohibiting visitors with drink driving convictions from entering the country (e.g. Canada). For most countries though the rules include discretion. This means the immigration authorities can decide on a case by case basis.
It is important to check the visa requirements for each country before you visit. Having a conviction (or even just a finding of guilt without conviction) can mean visa waiver programs don’t apply. You might need to apply for a visa and disclose the offence. You might be refused entry. It’s better to find out and have everything in order before you get on the plane.
If you travel regularly for work or family, it is worth making sure the Judge knows this when deciding your case.
To reassure you, a conviction for drink driving isn’t the end of your travels. It might limit which countries you can visit for a period and involve extra paperwork, but many people with drink driving convictions still travel overseas.
Impact on Professional Licences and Registrations
Many professions require registration with a professional body. These include people working in the medical field, emergency services, teachers, defence force, lawyers, security guards, accountants, bus, taxi and truck drivers, and real estate agents.
You might also require security clearances.
Each regulatory body has their own rules about disclosing a drink driving offence. Some require disclosure of convictions. Others require disclosure of the offence, even where a conviction is not recorded.
In some cases, the licensing body will conduct a review. The outcome will depend on their policies, the seriousness of the offence, your previous character and the sentence imposed by the Court.
A conviction does not automatically mean your registration will be cancelled. We have acted for hundreds of people who have maintained their professional accreditations after a drink driving conviction.
It’s important to understand your reporting obligations and your professional body’s disciplinary policies. Following the process properly can make a difference.
If a conviction impacts your professional registrations, you should explain this to the Judge hearing your case.
FAQs
How long does a drink driving conviction stay on your criminal record?
In NSW, a drink driving conviction will be disclosed on criminal record searches for 10 years. After 10 years with no further offences, it becomes “spent,” which means it doesn’t appear on most background checks. But jobs in certain fields and visa applications still see spent convictions.
It’s worth noting that a spent conviction doesn’t get erased. It just becomes hidden for most routine purposes.
A Section 10 is treated as a ‘spent’ conviction immediately. A Conditional Release Order with no conviction is treated as a ‘spent’ conviction at the end of the good behaviour period. This means the offence is still on your criminal record, but it is not shown for most routine criminal record checks. It will still appear for some purposes, including employment in certain fields and visa applications.
A drink driving offence will always show on your driving record whether or not a conviction is recorded.
Can I get a job with a drink driving conviction?
Yes, most people with drink driving convictions can still find jobs. The conviction can be a hurdle though. If an employer requires a criminal record check the drink driving conviction will be disclosed. Employers have differing views about hiring people with a drink driving conviction. Some industries are more forgiving than others.
Does a drink driving offence show up in a police check?
Yes. A drink driving conviction will appear in a standard National Police Check.
If you receive a non-conviction outcome (such as a Conditional Release Order or Section 10), the offence will not usually appear in most routine police checks.
Some checks, like those done for jobs in certain fields and overseas travel, can still access older or spent convictions. They can also access non-conviction outcomes.
The Courts and police will always be able to see the offence on your record.
Ask your lawyer to explain how different outcomes will appear on your record. It could affect decisions you make today and in the future.
Can I remove a drink driving conviction from my record?
In most cases, no. Once a conviction is recorded in NSW, it stays on your record forever. It will be disclosed on criminal record checks for at least 10 years. After that, it may become spent, meaning it doesn’t appear on standard background checks, but will still show for some more specialised checks.
The only way to avoid a conviction from going on your record is if you are found not guilty or the court decides not to record it at the time of sentencing. This can happen through a Conditional Release Order without conviction or a Section 10 dismissal. With a non-conviction, the offence still goes on your record but it is disclosed less often.
That’s why acting early and having a lawyer who knows how to argue for a non-conviction is key. Once it’s on your record, there’s no way to get it off.
Protect Your Record, Protect Your Future
A drink driving charge can have ongoing impacts. But with the right help, you don’t have to face it alone. Skilled lawyers can help argue for non-conviction outcomes, protect your driving rights and guide you through a system that can be confusing and intimidating.
Don’t leave it to chance. Visit Ainsley Law to speak with a team that knows how to defend your record and protect what matters most.
Please call us today at (02) 8294 5697 or leave an enquiry.