When Do You Get a Criminal Record?

Posted on Jan 12 2018 - 1:00am by Admin

Man with hands handcuffed on his backIt is not likely that you have gone your whole life without committing a crime unless of course, you are a toddler. There are many types of offences ranging from parking tickets to speeding tickets for which you could be liable.

However, not all of them will give you a criminal record. Some crimes like murder are out of the question, but minor offences can get you confused as to whether you get a criminal record or not.

So what type of offences will push you to apply for a criminal record check online? If for instance you publicly speak offensively, do you get a criminal record? What if you never go to court?

The police, at their discretion, can choose to have you go to court or issue you with a ticket. If you do not get a court notice for the offence, it will not be on your criminal record.

Traffic Offences

Some places like Victoria will keep the traffic records with other criminal records while others such as New South Wales will separate. There are also places where you can get a criminal record for breaking a road rule while in other areas you get a criminal penalty.

You can expect severe sentences for crimes such as drunk or negligent driving, police pursuit and so forth.

Offence Treatment

Some offences will be dealt with outside of court, and you will only pay a fine, otherwise known as civil penalties. Unless you want to challenge these, you will not go to court. Such offences are like negligent driving without causing death.

If a judge finds you guilty, they will fine or penalise you differently and put the crime on your record.


Sometimes offences, such as possession of small amounts of Marijuana in South Australia, can be decriminalised. In other places, while it will still be an offence and you could go to court, the police could choose to give you a cautionary note.

Fortunately, this means that it is unlikely to go to court for the first time they catch you with marijuana.

If you have gone to court they declare you are not guilty, you will not have the event on your record. Additionally, you can still plead guilty and avoid a conviction if you prove good character and a clean record according to Section 10.

It is important to note that offences will be on your file for ten years after conviction and could cost you dearly.