ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
In This Section You Will Find Information About:
- What is involved in obtaining a criminal record check (including PDF application forms),
- Obligations to disclose information if you have criminal record,
- What effect a criminal record may have on employment,
- What effect a criminal record may have on working with children in particular,
- What effect a criminal record may have on travel,
- Spent convictions (when there is no longer an obligation for you to disclose your criminal record for the offence),
Please select a section or read below
- Criminal records check
- Effect on employment
- Effect on travel
- Spent convictions
- Working with children
Avoiding a criminal record – S10 Crimes (Sentencing Procedure) Act
Normally, when you plead guilty to a criminal or traffic offence, the court imposes a penalty and records a conviction. If the court records a conviction you will have a criminal record. In traffic matters this may also include a loss of licence. However, if the court has decided not to convict you, there is no penalty, no loss of licence, and no criminal record. In all criminal and traffic law cases a court has the discretion not to convict you, but deal with you under the terms of section 10.
There are three types of section 10 dismissals of conviction:
Full dismissal: Section 10(1)(a)
No conditions attached to the dismissal – the matter is over as soon as you walk out of the courtroom.
Conditional dismissal with good behaviour bond: Section 10(1)(b)
Although the charge may be dismissed, the court can put you on a good behaviour bond for up to two years. The bond can have any conditions the court wants you to abide by. At a minimum, these include:
- That you do not commit any further offences
- That you advise the court of any change of address and
- That you appear before the court if called upon to do so
If you breach any conditions of the bond, the court can ask you to appear before it, revoke the bond and impose a different sentence for the offence.
Conditional dismissal with a intervention program (e.g. rehabilitation course): Section 10(1)(c)
The dismissal is conditional on you entering an intervention program of some kind (such as the Traffic Offenders program or other rehabilitation), completing that program successfully and complying with any action plan resulting from that program.
Advocating for a non-conviction
Courts do not give out Section 10s easily. Normally a court will need a lot of convincing before granting you a Section 10. The court must consider the following issues:
- your age, character, record, health and mental condition;
- the trivial nature of the offence;
- any extenuating circumstances;
- anything else the court think is relevant.
Dictionary of terms
Section 10: Section 10 of the Crimes (Sentencing Procedure) Act 1999 – This allows a court to make an order to dismiss the charge (i.e. to not record a criminal conviction), despite making a finding of guilt. It may be dependent on certain conditions imposed by the court.
Criminal record: A written history detailing a person’s past criminal convictions.
Conviction: In NSW, it involves the finding of guilt and the imposition of a penalty. It includes orders under Section 10A but does not include a matter dealt with under Section 10 Crimes (Sentencing Procedure) Act.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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