Failing a Police Check AUS? What Now?

Failing a police check in Australia can be a disconcerting experience, and it may hinder your chances of obtaining certain types of employment, volunteer opportunities, or licenses. However, it's important to understand that this doesn't always mean the end of the road. Here are some steps you can take and potential paths for resolution if you find yourself in this situation.

Understanding the Results

Firstly, it's crucial to comprehend what it means to 'fail' a police check. This typically signifies that the check has returned a 'disclosure' of your criminal history, which may include convictions, court appearances, findings of guilt with no conviction, good behavior bonds, or even charges. Not all entries may impact your ability to pass a check, as it often depends on the nature of the role you are applying for and the specific laws or regulations applicable to that role.

Review and Assess Your Police Check

Review the Information: Carefully review the details provided in your police check result. Ensure that all the information is accurate and belongs to you. Sometimes, errors can occur that could lead to an incorrect outcome.

Request a Dispute: If you believe there is a mistake, you can file a dispute with the police check provider or the Australian Criminal Intelligence Commission. They will review the contested entries, verify them against their records, and make any necessary corrections.

Engage with Prospective Employers or Organizations

Open Communication: Being upfront with potential employers or organizations about your police check results can sometimes work in your favor. Discussing the context and demonstrating your rehabilitation or good conduct since the record can show responsibility and honesty.

Seek Legal Advice: If you're unsure of how to approach the situation or explain your police check results, consider seeking legal advice. A lawyer can guide you on the best way to represent your circumstances.

Explore Legal Remedies

Spent Convictions Scheme: Some older convictions may be eligible to be 'spent', which essentially means they are no longer disclosed on a police check. This varies from state to state in Australia but typically requires a crime-free period of 10 years for adult offenses or 5 years for juvenile offenses.

Appeal or Set Aside Convictions: In some cases, if new evidence has surfaced or if there were issues during your trial, you may be able to appeal the conviction or have it set aside. This process would require legal assistance and can be time-consuming and complex.

Look for Alternative Opportunities

Consider Different Roles: If your police check impedes your ability to work in a certain industry, you might need to consider roles that don't require a police check or aren't as strictly affected by the outcomes of one.

Voluntary Disclosure Programs: Participate in voluntary disclosure programs if available in your industry. These programs sometimes allow individuals with criminal records to demonstrate that they have taken steps to rehabilitate.

Further Education and Rehabilitation

Rehabilitation Programs: Engage in rehabilitation programs that can show your commitment to personal growth and change. Evidence of participation and completion of such programs can positively influence the perceptions of potential employers.

Educational Qualifications: Pursuing further education or training can sometimes help counteract the negative implications of failing a police check by increasing your employability in other areas.

Concluding Thoughts

Failing a police check in Australia is not necessarily the final word on your prospects. By understanding the implications, reviewing for accuracy, engaging in open communication with stakeholders, exploring legal remedies, considering alternative opportunities, and committing to further education and rehabilitation, you can navigate the challenges and build a path forward.

Remember that each situation is unique, and while this guide provides general steps and options, the specific details of your case may necessitate tailored advice from legal professionals or industry experts.