Criminal Conviction: Consequences of a Stained Personal Record

Understanding a Conviction

Many people can confuse a conviction with a term of imprisonment. However, a conviction is a formal sentencing order which is independent of any other sentencing orders the court may impose on a person charged with a criminal offence. Upon finding of guilt the court has a power to record a conviction on any person. However, it is also permissible to find a person without recording a conviction. For example: A is charged with a criminal offence of assaulting another person. The court has now following options in sentencing A for this offence:

• Conviction accompanied with a Term of Imprisonment

• Conviction accompanied with a Fine

• Conviction accompanied with a good behaviour bond

• Conviction accompanied with a CCO

In special circumstances, a court may not record a conviction and may make the following orders:

• A Fine without Conviction

• A good behaviour bond without conviction

• Dismiss the matter after finding it proven under section 76 of Sentencing Act 1991.

Avoiding a Conviction

In special circumstances it is the very essence of justice to avoid the rigidity of inexorable law”. It is a challenging task for any lawyer to persuade the court from recording a conviction against their client. It requires a comprehensive and planned plead to achieve a desired outcome in court. Therefore, a person must consider all the implications of being convicted before pleading guilty to an offence.  A criminal lawyer can assist you in presenting a good case before the court in order to avoid a conviction and understand the whole process. Following circumstances can assist your lawyer in avoiding a conviction:

• Good Character

• Any impact on ongoing or prospects of employment

• Victim’s attitude

• Genuine display of remorse

• An early plead

This list is not exhaustive and there are number of other sentencing factors that the court can consider in determining whether to record a conviction.

Consequences of a Conviction

The consequences of being convicted of a criminal offence often extend beyond any penalty imposed by a court. The result of being convicted has legal and social consequences which can render an individual incapacitated in society by limiting their employment and education prospects. Most of the employers demand a Police Clearance prior to employing people. A pending criminal matter can become a significant obstacle for a job interview or for enrolling into courses.

Some countries can refuse visas even if you have a criminal conviction for a minor offence. This can adversely affect people who wish to travel overseas for leisure or for business purposes. As Gleeson CJ once said that “the legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court.” It is therefore advised to speak to a criminal lawyer if you have been charged with a criminal offence.