How Long Does a Drug Charge Stay on Your Record?

Minor Offences

For minor drug offences, such as possession of a small quantity for personal use, the charge may stay on your criminal record for a few years. This can impact various aspects of your life, including your ability to obtain certain licenses or permits, as well as potentially influencing future legal proceedings if you were to face additional charges.



Serious Offences

Charges related to drug trafficking, distribution, or manufacturing can have more severe and long-lasting consequences, which can potentially remain on your criminal record for a decade or more. For instance, even after completing a prison sentence, individuals convicted of drug trafficking may encounter difficulties securing employment, housing, and financial aid.



Juvenile Offences

In cases involving minors, the duration for which a drug charge stays on their criminal record may differ, and there may be opportunities for expungement or record sealing as they reach adulthood. For instance, juveniles charged with drug offences may undergo diversion programs or rehabilitation to help them avoid the long-term consequences associated with a criminal record.



What is the Commonwealth Spent Convictions Scheme?

The Commonwealth Spent Convictions Scheme is a legal provision in Australia that allows certain convictions to become 'spent' after a specified period. This means they no longer need to be disclosed in most circumstances.

This goal of this scheme is to assist individuals who have committed minor offences to move on with their lives without the stigma of their past actions hindering their opportunities, particularly in employment and other aspects of social integration.

Under the Commonwealth Spent Convictions Scheme, a spent conviction meets the following criteria, regardless of whether it was issued by a Commonwealth, territory, state, or foreign authority.

• 10 years has passed since your conviction, or 5 years if the conviction occurred when you were a child.
• Your sentence did not include imprisonment, or if it did, it was not more than 30 months.
• There has been no reoffending during the specified 10-year or 5-year period for juvenile offenders.
• No statutory or prescribed exclusions are applicable in your case.

Understanding More About Spent Conviction Laws

Each state and territory in Australia has statutes regulating the disclosure of certain past offences, often imposing a 'waiting period' or also known as 'crime-free period'. Typically, this waiting period is 10 years for offences committed as an adult and 5 years for those committed as a child.



If you commit another offence during this period, the waiting period restarts. This means that you must remain without any further criminal activity for the entire waiting period before your previous criminal offences are considered 'spent'.

While the National Police Certificate (NPC) doesn't include any conviction spent in general, there are exceptions. Some Australian states and territories may exempt certain purposes from their spent convictions laws, particularly for employment:

• in aged care or working with older individuals,
• with responsibilities involving children,
• as an educator or teacher's assistant,
• with, or providing care for, individuals with disabilities,
• in an immigration detention facility,
• within a hospital setting,
• in firefighting or fire prevention duties.

Factors Influencing the Duration of Drug Charges on Record

For drug charges, the length of time a conviction remains on your record can be influenced by factors such as:

Type and Quantity of Drug

Many jurisdictions classify drug offences based on the type and quantity of the drug involved. For instance, possession of a small amount of marijuana might result in a misdemeanor charge with relatively minor consequences, while trafficking large quantities of heroin could lead to felony charges with severe penalties and a lengthy criminal record.



Severity of the Offence

More serious offences often lead to longer-lasting consequences, including higher fines, imprisonment, and a lengthy criminal record. Not only can these penalties severely impact an individual's personal relationships, but they can also create significant barriers to employment opportunities, financial stability and personal freedom.



Juvenile Records

Australia also has provisions for dealing with offences committed by juveniles, with separate legal processes and considerations for young offenders. Juvenile records may be treated differently from adult criminal records and may have different rules regarding disclosure and rehabilitation.



Prior Convictions

If the drug offence occurred in conjunction with sexual offences and other serious violent crimes, the resulting criminal convictions can significantly impact a person's criminal record for an extended period. Repeat drug offences, especially if they are part of a pattern of criminal behaviour, can also lead to lengthy criminal records.



Aggravating Factors

Certain aggravating factors can elevate a drug charge and lead you to lengthy criminal records. For instance, if the drug offence was done together with sexual offences and other serious violent offences, the resulting convictions can significantly impact a person's criminal record for an extended period.



Jurisdictional Laws and Regulations

While some states have enacted laws to reduce penalties for certain drug offences or prioritise treatment over incarceration, others maintain strict penalties for drug-related crimes. The more serious an offence is, the longer-lasting consequences you can face in your criminal record. This is why having experienced drug lawyers on your side is essential.



Implications of a Drug Charge Record

A drug charge record can have significant implications that extend far beyond the initial legal consequences. Here are some of the potential implications:

Limited Employment Opportunities

Many employers conduct background checks, and a drug charge on your record could hinder your ability to secure certain jobs, especially those that require security clearance or involve working with vulnerable populations.



Challenges in Housing Applications

Landlords may also conduct background investigations, and a drug charge could impact your ability to rent or lease a property. Consequently, a drug charge on your record may lead landlords to deny your rental application or demand higher security deposits, making it difficult to find suitable housing.



Revocation of Professional Licences

If you hold a professional license, a drug charge could jeopardise your ability to practice in your field. Regulatory bodies often review criminal records when determining eligibility to maintain or renew licenses, and a drug-related offence can lead to suspension or revocation of your professional credentials.



Educational Opportunities

If you are still in school and have a drug charge on your record, some educational institutions may deny your admission or financial aid based on that charge. This can significantly impact your educational opportunities and future career prospects.



Takeaway

Drug charges can have long-lasting repercussions on various aspects of your life. From affecting your ability to secure employment and housing to limiting your educational opportunities and eligibility for certain professional licenses, the consequences can be significant. That's why it's crucial to seek the best legal guidance to mitigate these impacts.

At Andrew Byrnes Group, we are criminal lawyers who handle drug charges. If you find yourself facing drug-related legal issues, our team is here to provide you with expert advice and representation. With our precision and diligence in drug-related legal matters, you may be able to avoid a conviction and achieve the best possible outcome for your case. Contact us today to book a meeting with one of our lawyers.