One of the first questions clients ask is whether a charge will follow them for life. Often, it does not have to. Here is how it works.
A finding of guilt is not the same as a recorded conviction
Under section 12 of the Penalties and Sentences Act, a Queensland court has a discretion whether or not to record a conviction. It weighs the nature of the offence, your character and age, and the impact a conviction would have — including on your employment.
What helps
- Genuine good character, supported by references.
- Evidence that a conviction would harm your economic or social wellbeing.
- Rehabilitation — courses, counselling, restitution where relevant.
- A first, out-of-character offence.
Diversion programs
For some matters, such as a first minor drug possession, a diversion program can finalise the case without any conviction at all. Eligibility is specific, and we assess it at the outset.
The takeaway: the record question is often won in preparation. The earlier we start building your case, the better the prospect of keeping it clean.
General information only, not legal advice.