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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

- Client

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.

- Client

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.

- Client

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.

- Client

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.

- Client

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!!!!

- Client

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

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Sally Crosswell

Sally Crosswell has a Bachelor of Laws (Hons), a Bachelor of Communication and a Master of International and Community Development. She also completed a Graduate Diploma of Legal Practice at the College of Law. A former journalist, Sally has a keen interest in human rights law.

No Conviction Recorded (Vic)

A judge or magistrate can choose not to record a conviction when sentencing an offender in Victoria. The decision will depend on the nature of the offence and penalties imposed. Usually a court will choose not to record a conviction if the offence is a less serious offence or the offender has no criminal history. A conviction is usually recorded for a serious offence or an offence that has aggravating factors. This discretion is contained in the Sentencing Act 1991. After a non-conviction, the offender will still have a criminal record, however.

Legislation

Section 8 of the Act states that when exercising its discretion whether or not to record a conviction, the court must consider all circumstances of the case. This includes:

the nature of the offence; and
the character and history of the offender; and
the impact of a conviction on the offender’s economic or social wellbeing or employment prospects.

If a court finds a person guilty and opts not to record a conviction, it can still make an order. Orders include a community correction order or payment of a fine.

A finding of guilt without the recording of a conviction has the same effect as if one had been recorded for:

appeals against sentence;
proceedings for variation or contravention of a sentence;
proceedings for a subsequent offence;
further proceedings for the same offence.

A finding of guilt without the recording of a conviction cannot be taken to be a conviction for any purpose.

Criminal record

If a sentence is made without a conviction, the offender will still have a criminal record. This is because a person’s criminal record will list any finding of guilt for an offence, whether a conviction is recorded or not. It will also include any charges which are yet to be heard in court.

An offence for which a person is found guilty will remain on that person’s criminal record for 10 years if the person was an adult at sentencing, or 5 years if they were a child.

Impact

A conviction for an offence is a significant legal and social penalty for an offender. It can restrict a person’s opportunities in areas such as employment, housing and travel.

Many employers perform a police check when screening potential employees. Those convicted of certain offences are prohibited from working in certain fields, such as security, child care and law. A police check requires consent from the potential employee but refusing a check implies something unfavourable might be found by an employer.

In relation to travel, convictions for certain offences bar a person from entering certain countries.

A non-conviction for an offence has a lesser impact. For instance, in applying for a job or a visa, an offender may not have to disclose an offence if no conviction was recorded.

For advice or representation in any legal matter, please contact Armstrong Legal.

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