In Australia, a criminal conviction can have significant, long-lasting implications for employment. It affects not only a person's immediate job prospects but can also limit career progression, eligibility for professional licences, and the ability to work in regulated industries. Employers conduct background checks as a standard part of the hiring process, and a conviction—especially one recorded on a National Police Check—can heavily influence hiring decisions.
Hiring managers are often required to assess whether a conviction is “directly relevant” to the role. While discrimination laws offer some protection, the stigma of a conviction can be difficult to overcome. In industries such as healthcare, education, finance, and law enforcement, even minor offences may disqualify applicants outright.
Legal Framework: What Employers Can and Cannot Do
Employers in Australia must navigate a complex legal landscape when making employment decisions based on criminal history. Anti-discrimination legislation varies by state and territory, with some jurisdictions offering more robust protection than others.
For example:
In Victoria, the Equal Opportunity Act 2010 prohibits discrimination on the basis of irrelevant criminal records.
In Tasmania, the Anti-Discrimination Act 1998 provides similar safeguards.
Other states rely on general fair work principles and federal privacy laws.
Despite these laws, employers still retain the right to refuse employment if the offence is deemed relevant to the role or workplace environment.
The Role of a Criminal Defence Lawyer
Engaging a criminal defence lawyer early can significantly influence employment outcomes. These legal professionals can assist with:
Minimising the likelihood of a conviction being recorded
Applying for spent conviction schemes where eligible
Preparing character references and evidence of rehabilitation
Advocating for non-custodial sentences to mitigate employment disruption
An experienced criminal defence lawyer understands the downstream consequences of a guilty plea or conviction and can tailor a legal strategy accordingly.
Spent Convictions and Employment Checks
Australia’s spent convictions schemes allow certain offences to become legally disregarded after a specified period without re-offending. However, the rules differ between jurisdictions:
In New South Wales, convictions may become spent after 10 years (5 years for juveniles), provided no further convictions occur.
In Western Australia, individuals must apply for a conviction to be spent.
The Australian Federal Spent Convictions Scheme applies to Commonwealth offences and is recognised by most private employers.
Importantly, not all convictions are eligible to be spent. Serious crimes and those resulting in lengthy imprisonment are generally excluded.
When Must Criminal History Be Disclosed?
There is no universal rule requiring applicants to disclose a criminal record unless specifically asked. However, when an employer conducts a background check or requires a formal declaration, honesty is essential. Failing to disclose when required can lead to termination or further legal issues.
Applicants should understand:
Whether the conviction is considered “spent”
The relevance of the offence to the job role
If the employer is legally entitled to request disclosure
Strategies to Minimise Employment Impact
Those with criminal records can take proactive steps to improve employability:
Seek Legal Advice – Early intervention by a criminal defence lawyer may reduce severity of charges or help avoid a recorded conviction.
Rehabilitation and References – Strong references, community service, and stable employment history can help demonstrate reformation.
Target Suitable Industries – Some sectors are more open to hiring individuals with criminal records.
Apply for Record Expungement – Where applicable, individuals can apply to have convictions removed from public record.
Be Honest and Proactive – Transparent communication with potential employers can build trust and reduce stigma.
Final Thoughts
A criminal conviction in Australia can significantly affect employment, especially in regulated industries or roles involving vulnerable persons. While some legal protections and mechanisms exist to shield individuals from undue discrimination, the role of a skilled criminal defence lawyer cannot be overstated. Legal representation, early intervention, and awareness of one’s rights and responsibilities are essential in minimising the long-term impact of a conviction on career prospects.
