Users' questions 

Do I have to disclose a section 10?

Leia Doyle

Do I have to disclose a section 10?

Section 12 of the Criminal Records Act 1991 says that you do not need to disclose a “spent conviction” to anyone for any purpose. That means if you get a section 10 (with limited exceptions), you do not have to disclose it to your employer or anyone else even if they ask you directly, as long as any bonds have expired.

How long do drug Offences stay on your record?

It takes 11 years for convictions for drug possession to be filtered. This doesn’t exactly mean that charges are dropped, as any warnings, cautions, discharges and convictions all stay on the police national computer (PNC).

What is the typical sentence for drug possession?

Federal Drug Possession Penalties Federal drug possession charges may carry heavier penalties that state possession charges. Simple possession can result in up to a year imprisonment, with fines of $1,000 or more. A second possession conviction can result in up to 2 years in federal prison, and fines of $2,500 or more.

What happens if you get caught with drugs NSW?

Drug possession in NSW carries a maximum penalty of 2 years in prison and/or a $2,200 fine. However, a good drug defence lawyer can push for you to avoid a criminal record altogether, even if you wish to plead guilty.

Is it hard to get a section 10?

Not necessarily. Although someone is more likely to get a section 10 if the offence is ‘trivial’ (ie not serious), the cases make it clear that section 10 can be used for very serious offences also.

What is a Section 10 1a?

Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) gives the court power to deal with ‘guilty’ persons by dismissing’ the charge/s completely. The important thing is that there is no criminal conviction, no good behaviour bond, no fine and – in driving cases – no licence disqualification.

What are the legal consequences of possession of drugs?

Those convicted on drug possession charges face a wide gamut of penalties at sentencing, varying from state to state. Penalties for simple possession range from a fine of less than $100 and/or a few days in jail to thousands of dollars and several years in state prison for the same offense.

What happens if the police catch you with drugs?

If the police stop you and you are in possession of drugs, it is likely that you will be arrested. The drugs found will be seized and destroyed. If you’re caught with drugs you may be charged with possessing (or possession with intent to supply – a much more serious offence) controlled drugs, whether it’s yours or not.

What is the penalty for drug driving NSW?

If you drive you can go to gaol for up to 6 months or be fined $3,300 fine (or both). If it is not your first offence, you could go to gaol for up to 12 months and be fined $5,500.

What is a Section 10A?

Section 10A Crimes (Sentencing Procedure) Act 1999 provides: (1) A court that convicts an offender may dispose of the proceedings without imposing any other penalty. The commonly-imposed penalty of “imprisonment until the rising of the court” has not been abolished, and remains available in appropriate cases.

What is a Section 10 good Behaviour bond?

Section 10 Bond – If the court finds you guilty of an offence, they may decide not to convict you but instead make your discharge conditional upon your compliance with a good behaviour bond. At the end of the time set by the bond, if the bond has not been breached then you will not be convicted for the offence.

How do you get rid of drug possession?

How To Win A Drug Possession Case

  • Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges.
  • Assess Possible Defense Strategies.
  • Lab Testing Issues.
  • Beyond a Reasonable Doubt.
  • Contact a Drug Possession Attorney Today.

    What is simple drug possession?

    Simple possession is made illegal under the California statute by Health and Safety Code section 11350. A violation of this section means that someone was found with a “controlled substance” in their possession, usually in a small quantity and without any indicators that there was an intention to sell the substance.

    How long does possession of drugs stay on record?

    Can I get a conviction removed from my record NSW?

    You must wait until the relevant period of time has elapsed, at which point the conviction will automatically be removed from your criminal record. Unfortunately you cannot apply to have a conviction removed from your record any earlier.

    Can I get a section 10?

    In New South Wales, if a person pleads guilty or is found guilty, they can request that the Court deal with the matter by way of section 10. The Court can consider section 10 for a variety of Criminal Offences.

    Do drug charges ever get dropped?

    Drug crimes are some of the most common criminal offenses prosecuted each year. It is possible to avoid some of these potential drug penalties by having drug charges dropped in a drug case. Although this is not possible in all cases, many defendants succeed in having the charges against them reduced or dismissed.

    How long do Charges stay on your criminal record?

    1 – Understand your criminal record Although convictions and cautions stay on the Police National Computer until you reach 100 years old (they are not deleted before then), they don’t always have to be disclosed.

    How long do Offences stay on your criminal record?

    Since 2006, the police retain details of all recordable offences until you reach 100 years of age. Your conviction will always show on your police records but the conviction may not show on your criminal record check that is used for employment vetting purposes.