What will be released
Victoria Police release criminal history information on the basis of findings of guilt,
and may also release details of matters currently under investigation or awaiting
court hearing. It is important to note that a finding of guilt without conviction is still a
finding of guilt and will be released according to the information release policy.
Victoria Police release police records in accordance with any or all of the following
guidelines:
• If the individual was an adult (eighteen years* or over) when last found
guilty of an offence and ten years have since elapsed, subject to
exceptions listed below, no details of previous offences will be released.
• If the individual was a child (under eighteen years*) when last found guilty
of an offence and five years have since elapsed, subject to exceptions
listed below, no details of previous offences will be released. (Note: Court
Orders on care/protection applications will not be released regardless of
the age of the order).
• If the last finding of guilt resulted in a non-custodial sentence or custodial sentence of 30 months or less, the ten or five
year period commences from the day the individual was found guilty.
• If the last finding of guilt is an appeal or re-hearing, the ten or five year period will be calculated from the original court
date.
• If the last offence qualifies to be released, then all finding of guilt will be released, including juvenile offences.
• If the record contains an offence that resulted in a custodial sentence of longer than 30 months the offence will
always be released.
• If 10 years have elapsed since the last finding of guilt, then only the offence(s) that resulted in a custodial sentence of
longer than 30 months will be released.
• If the individual is currently under investigation or has been charged with an offence and is awaiting the final court
outcome the pending matters / charges are released It is noted on the certificate that the matter / charge cannot be
regarded as a finding of guilt as either the matter is currently under investigation or the charge has not yet been
determined by a court.
Please Note: Findings of guilt without conviction and findings of guilt resulting in a good behaviour bond are findings of guilt and
will be released under this policy.
Exceptions
There are some other circumstances where a record that is over ten years old may be released, these are:
• If the record check is for the purpose of :-
о Registration with a child-screening unit and/or Victorian Institute of Teaching
о Assisted Reproductive Treatment (Act 2008)
о Registration and accreditation of health professionals
о Employment in prisons or state or territory police forces
о Casino or Gaming Licence
о Prostitution Service Provider’s Licence (Prostitution Control Act 1994)
о Operator Accreditation under the Bus Safety Act (2009)
• If the record includes a serious offence of violence or a sex offence and the records check is for the purposes of
employment or voluntary work with children or vulnerable people.
• In other exceptional circumstances where the release of information is in the interest of crime prevention or the
administration of justice.
• Victoria Police will release traffic offences where the court outcome was a sentence of imprisonment or detention.
• Serious Offences where the result was ‘Acquitted by reason of insanity/mental impairment’ or ‘Not guilty by reason of
insanity/mental impairment.
Police Records Obtained in Other Australian Police Jurisdictions
Victoria Police conducts national police record checks. If information is obtained from other police jurisdictions the relevant
legislation / policy for that jurisdiction is applied to the information before it is released. In relation to legislation / policy used by
state or territories other than Victoria please contact the relevant police jurisdiction directly for more information.
http://police.vic.gov.au/retrievemedia.asp?Media_ID=38447
