No Conviction Recorded in Queensland

No Conviction Recorded in Queensland – Why It Is Not Guaranteed

Being found guilty of an offence does not necessarily mean that a conviction will be recorded against you.

In Queensland, the sentencing court has a discretion in appropriate cases to convict a person without recording the conviction. However, this outcome is not automatic and should never be treated as guaranteed.

What does “no conviction recorded” mean?

Under s 12 of the Penalties and Sentences Act 1992, the court has a discretion to record or not record a conviction.

When deciding whether to record a conviction, the court must consider all the circumstances of the case, including:

• the nature of the offence;
• the offender’s character and age;
• the impact a recorded conviction would have on the person’s economic or social wellbeing; and
• the impact on the person’s chances of obtaining employment.

A conviction that is not recorded is generally treated differently from a recorded conviction for many purposes and can be particularly important where a person is concerned about employment, professional registration, travel or other future opportunities.

It is a matter of discretion

A common misconception is that a first offender will automatically receive a conviction without recording.

That is not correct.

The fact that a person has no previous criminal history can be an important consideration, but it does not mean that the court must order that no conviction be recorded.

The nature and seriousness of the offending remains important, as does the person’s personal circumstances and the likely consequences of recording a conviction.

For that reason, a lawyer should not simply ask the court to “not record a conviction”. There should be a proper sentencing submission explaining why the discretion should be exercised in the person’s favour.

Relevant matters may include employment, career prospects, professional licences, character, age, previous good history, rehabilitation, remorse, the circumstances of the offending and the specific consequences a recorded conviction would create.

Why legal representation matters

Even where the underlying penalty may be relatively minor, the question of whether a conviction is recorded can have significant long-term consequences.

A carefully prepared sentencing submission can identify the relevant factors and present the court with a proper basis to exercise the discretion.

At East Coast Criminal Lawyers, we regularly represent clients in sentencing matters throughout Queensland, including at Brisbane, Beaudesert, Beenleigh, Southport and Coolangatta Magistrates Courts.

If you are facing sentencing and are concerned about whether a conviction will be recorded, obtain legal advice before appearing in court.

Contact East Coast Criminal Lawyers on 0420 202 060 for a free initial consultation.