Do I have a criminal record? (1 Viewer)

[onemind]

Just read that other guys thread asking if he had a criminal record for public urination ect and was wondering if you legal geniuses could do the same for me

Anyway, on my 18th birthday my mates took me to a pub and i got wasted. Back in highschool there was this fat bully that everyone hated because he went around spitting on people ect, the typical fat fuck.

In my drunken haze i seen that fat guy at the bar and i had been out of school for a while so i walked up to him and asked if he remembered me. Then he said "outside" then walked outside. I stumbled to the door and walked outside but he wasnt there. I turned around to walk back in and he was hiding behind the door and punched me in the head. The bouncer behind him grabbed him and the bouncer behind me grabbed me before i had a chance to react.

They called the cops and we both got taken to the police station, finger printed and charged with assault and had to show up in court.

I went to court not knowing what i was doing, didnt have a lawyer and was appointed a QC. I told him that i was innocent, never threw a swing and assaulted nobody. This guy was also representing the guy who hit me and said he has 5 mates saying i threw the first swing and it was my word against his. It turns out the fat fuck had been in court 5 times previously for assault and knew how it worked and turned up with friends and family saying i started it ect.

So i got a $180 fine and a spent conviction.

So do i have a criminal record wth assault? Or is a spent conviction not a real conviction?

Sorry for the long story, just had to get it off my chest

Thanks for any info

 

[onemind]

f U

 

[uniform]

Since you've already dealt with it, maybe try going to your local police station and ask for a copy of your record to see what's on it. I've heard you can do that, provided you pay some money.

 

[Season]

Yep you probably have a criminal record, you have been convicted and unless the judge explicitly says that its not going on your record then it goes on your record.

A spent conviction is when after a period of time I think its 5 years in your case (double check that) but after that period of time you do not have to tell your employer that you have a criminal record. Which is good as it won't hurt future employment chances.

Of course there are some exceptions; teaching, barristers, doctors, childcare workers and a few others you always have to disclose your criminal record.

Here is a WA website explaining it, but its pretty similar for all states
http://www.legalaid.wa.gov.au/InfoAboutLaw/aspx/default.aspx?Page=Going/What.xml

I strongly recomend you call your local Legalaid place, they'll be able to answer your questions much better then a random on the internet ever could and its completely free.

Oh and never ever ever go to court without a lawyer again, court is a game and you have to have someone who knows how to play the game. Everyone is entitlted to free legal aid so this shouldn't be a problem in the future.

 

[jb_nc]

Tought luck mate, if that's really what happened the witnesses perjured themselves which is one of the most revolting things you can do.

Did your QC tell you not to gather witnesses? Or was he only appointed on the day? I would be flabbergasted if he didn't mention to you to gather some people to testify on your behalf. You can report him to the Bar association and appeal on the grounds you did not have competent legal representation if that's the case. But I think someone who is a silk would know basically everything to do with what to do with court... he probably couldn't be fucked since you weren't a paying client.

Like Season said after a period of a few years with no more crimes you will be able to have your conviction expunged from your record. You may also be able to have your record sealed so it's not accessible to anyone.

But like always, consult legal advice... There's a duty barrister in the centre of Sydney everyday weekday, try the NSW bar association website to explain when/where they are but get there early because it gets PACKED. You should be able to hammer out any routes of appeal and any way you can quash you conviction with them, make sure to bring your court transcript plus any details pertaining to the case.

EDIT: How long ago did this happen? Did you really finish your HSC in 2000 because that means it happened 6-7 years ago so it's probably too late to do anything.

 

[onemind]

Thanks guys.

Did your QC tell you not to gather witnesses?

No, he basically told me to plead guilty because it was my word against his and he had 5 witnesses. Also, i saw the QC for only about 2 minutes and then went straight into the court room. The QC couldnt be fucked, looked bored out of his brains and just fobbed me off basically.

I remember feeling ripped off completely for a few months after that little episode. It was like being charged $180 for being punched in the face. And it wasnt a little punch either, my botton tooth went straight through the flesh under my lip and now i have quit a large scar on my face. Kind of makes me want to kill lawyers. Friggin justice my ass

And the thing about witnesses, i remember just after it happened i said to one of the bouncers "You seen what happened didnt you?" (they both did) and they both put their hands in the air, shook their heads and said they saw nothing.

Fair enough though, they probably see stuff every week and cant be fegged going to court.

Kind of makes you hate people though

Thanks again for the advice

 

[jb_nc]

You should have had the bouncers subpoenaed and served it to them, so they HAD to appear. There was probably CCTV footage too since it was outside a pub. Never, ever, ever go to court without a solicitor advocate or barrister-at-law again; ignorance is no excuse though any matter that ends up in court should be treated seriously.

The best revenge is success and just remember that someone who has five legal convictions by 18 probably isn't going anywhere beyond Silverwater Prison in their life. I'd rest somewhat easier at night knowing that after someone had just stitched me up like that.

 

[hfis]

You were appointed a QC? What the hell. That's a social justice champion's wet dream.

You should consider committing a major act of terrorism and framing him for it as revenge.

 

[lindi2]

Onemind got shafted by the typical lawyer that is getting paid a flat fee. Their whole purpose is to get you to accept a plea agreement so that they do not have to put in any time on the case, because that way they earn more per hour.

Now, you have a criminal record. But, you did not tell us the exact offense that you pled guilty to.

If you get a spent conviction order, then you do not have to reveal your criminal record on a job application.
Having a Spent Conviction Order (SCO) means that you may not have to acknowledge that you were charged with and convicted of an offence. However, in some situations you will still have to provide information about your convictions. These situations are described below.
An SCO also may also mean that people cannot discriminate against you for having a conviction. For example, it would be unlawful for an employer, contractor or similar body to discriminate against you for having a conviction where a SCO was made.
If someone does discriminate against you because of a conviction and an SCO was made, you may have grounds for a complaint under the Equal Opportunity Act.

If your apply for a job in health care, working with children, disabled, or vulnerable people, then you have to disclose a conviction of:

• assaults
• offences against morality
• depriving someone of their liberty
• sexual offences
• desertion of children
• endangering someone's life or health
• homicide, suicide and concealment of birth.

If you move to the USA, private sector (non-goverment) background checks can be much more invasive. Pre Employment Screen Background Checks include: Verification of identity, SSN, employment history, education, and address history. Checks State and county criminal records, sexual offender, terrorist watch, credit check, bankruptcy. (Federal criminal records available.) Matched by name & birthday. All Pre Employment Background Checks must comply with the Fair Credit Reporting Act.

 

[thegovernator]

is peeing in public an offence against morality?

 

[= Jennifer =]

I know if you need a federal police check the cost is $32.73

 

[MichaelJackson2]

go learn kung fu so next time you bash the fat dude, the bouncers, then flee the scene.