News · Criminal law explainer
Do you have to disclose a criminal record to an employer?
Job applications often include a question about criminal history, and people are unsure whether they have to answer, and what happens if they do not. In New South Wales it depends on the role, the question, and whether the matter is spent. This note explains when you must disclose, when you need not, and the risk of getting it wrong.
By Aaron Kernaghan · Published 3 September 2026
It depends on the role and the question. If an employer lawfully asks about your criminal history, or the role requires a police check, you should answer honestly. But you generally do not have to disclose a spent conviction, and many roles never ask at all. Giving a false answer to a lawful question can be worse than the record, so if you are unsure, get advice before you answer.
When do you have to disclose?
If an employer lawfully asks about your criminal history, or the role requires a police check that you consent to, you should answer honestly. For roles that require a check, your disclosable history will come out anyway, so an honest answer is both required and sensible.
The safest approach when a lawful question is asked is to answer it truthfully. What you generally do not have to disclose is a spent conviction.
What you generally do not have to disclose
Under the spent convictions scheme, you are generally not required to disclose a spent conviction, and it is unlawful for most people to take it into account. A section 10 records no conviction, so there is generally nothing to disclose for that either.
So the outcome of your case shapes your disclosure obligations. A conviction that is not yet spent is disclosable if lawfully asked about; a spent conviction generally is not.
When does a role never ask?
Many jobs do not ask about criminal history at all and do not require a check. Where there is no lawful question and no check, there is generally nothing you are obliged to volunteer. You are not required to disclose your history to an employer who has not asked and for a role that does not require it.
That said, some industries and some employers will ask, so it is worth reading an application carefully and understanding what is being asked.
The risk of a false answer
Giving a false answer to a lawful question about your criminal history can be a serious problem. It can be a ground for dismissal, and for some roles a false declaration is itself an offence. A false answer can end up being worse for your career than the underlying matter.
If you are worried about how to answer, the solution is advice, not a false answer. There is often a lawful and honest way to answer that protects your position.
Special roles
Some roles have their own regimes that go beyond a standard question, including work with children, and some licensed occupations and government positions. These can require disclosure of findings of guilt even without conviction. Our note on the Working with Children Check covers the clearest example.
For these roles, the disclosure obligations are wider, so get advice specific to the role. For most ordinary jobs, the general rules above apply.
Frequently asked.
Do I have to tell an employer about my criminal record?
Only if they lawfully ask, or the role requires a police check. Then you should answer honestly. Many roles never ask, and you generally do not have to disclose a spent conviction.
Do I have to disclose a spent conviction?
Generally, no. Under the spent convictions scheme you are usually not required to disclose a spent conviction, and it is unlawful for most people to take it into account.
What if a job application asks about convictions?
Answer honestly for any conviction that is not spent, if the question is lawful for the role. You generally do not have to disclose spent convictions or section 10 outcomes. Get advice if unsure.
What happens if I lie about my record?
A false answer to a lawful question can be a ground for dismissal and, for some roles, an offence. It can be worse for your career than the record itself. Get advice rather than giving a false answer.
Do some jobs require more disclosure?
Yes. Work with children, and some licensed occupations and government roles, can require disclosure of findings of guilt even without conviction, beyond a standard question.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.