Does an AVO show on a police check? If a defendant gets a Final AVO or ADVO, it will be written down in their criminal history but not on their criminal record.
It also won't show up when a criminal record check is done.
But if the defendant breaks the rules in the order and is charged with contravening an AVO, the crime will then be put on their criminal record.
Criminal History vs Criminal Record
A criminal record is a written record of a person's prior convictions for criminal offences.
This lists all criminal offences for which the defendant pleaded guilty, was found guilty, or was convicted by a magistrate.
This differs from a criminal history, which details every offence for which you have been prosecuted.
A criminal history is a record kept by the Police, with details of all offences you have been to court for.
Included in a criminal history are offences for which you received a section 10 dismissal, were found not guilty, or for which charges were dropped.
Also included are AVOs and warrants.
What Does a Police Check Show?
The result of a police check is a record of a person's character and legal history.
This record is usually made for a specific purpose.
Since police checks are a national document, it doesn't matter much where the person got the report.
Even for some AVO or intervention orders, the terms may still be in effect outside of the state.
During a police check, the following types of convictions are made public:
- Charges for harassment in the workplace
- Sexually related crimes
- People who are found guilty of traffic charges
- Sentences and Convictions
- Charges and crimes that are still in court
Does an AVO Show on a Police Check and What Happens if an AVO Shows up on Your Criminal Record or History?
Some companies may not accept your job application due to prior offences listed in your history.
If an AVO order is issued against you, you may face similar restrictions, depending on the circumstances and conditions imposed by the court.
For example, if you have had an AVO within the last 10 years, the court may prohibit you from obtaining a firearms license under ss11(5)(c) of the Firearms license.
Additionally, if you have committed a proven offence of stalking or intimidation, the r18 Security Industry Regulations Act of 2007 may prevent you from obtaining a security license.
The AVO order may also restrict you from leaving the region or state where it was issued, and if the court assigns you a parole officer, you will need to report to them at regular intervals.
A Working With Children Check is a type of background check that employers must do on volunteers and job applicants who will be working with children.
People who have been convicted of certain crimes are not allowed to work in jobs that involve children.
If an individual with a Final AVO (where the AVO application was made by the police or another public official) applies for a job that involves children, the employer will review their record.
If they have an AVO on their record, they might be unable to work or volunteer with children. This could also affect their job search.
Key Takeaways
Question: Does an AVO show on a police check?
Answer: If a defendant gets a Final AVO, it will be written down in their criminal history but not on their criminal record. It also won't show up when a criminal record check is done.
But if the defendant breaks the rules stipulated in the order and is charged with contravening an AVO, the crime will then be put on their criminal record.
At Justice Family Lawyers, we understand your situation as an AVO defendant, and we are committed to providing our clients with the highest quality legal advice and representation.
Speak to our AVO lawyers today about representation for your AVO.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
