News · Criminal law explainer
Does a section 10 show up on a police check in NSW?
A section 10 is one of the best outcomes in a criminal case, and people often ask what it means for a police check. This note explains what a section 10 is, why it generally does not show up, and the situations where a finding of guilt without conviction can still be relevant.
By Aaron Kernaghan · Published 3 September 2026
Generally, no. A section 10 dismissal means you were found guilty but no conviction was recorded, so it usually does not appear on a standard national police check and does not give you a criminal record. There are exceptions: for certain roles, such as working with children and some licensing, a finding of guilt without conviction can still be disclosed or considered.
What is a section 10?
A section 10, under the Crimes (Sentencing Procedure) Act 1999 (NSW), is where a court finds the charge proven but dismisses it without recording a conviction, or discharges the person on a conditional release order without conviction. You are found guilty, but no conviction is entered against you.
Because no conviction is recorded, a section 10 is a much better outcome than a conviction with a penalty. Our note on section 10 dismissals explains when a court will grant one.
Does it appear on a police check?
A standard national police check discloses a person's disclosable court outcomes, which are generally convictions and some pending matters. Because a section 10 records no conviction, it generally does not appear on a standard check, and you can usually answer that you have no convictions.
This is one of the practical benefits of a section 10. For most everyday purposes, it means the matter does not follow you.
When can a finding of guilt still be disclosed?
There are exceptions. For certain sensitive roles, checks look beyond convictions. A Working with Children Check, and some occupational licensing and government positions, can consider findings of guilt even where no conviction was recorded.
So a section 10 is not the same as the matter never having happened. For high-trust roles, it may still be considered. Whether it will be depends on the type of check and the role.
Does a section 10 give you a criminal record?
For most purposes, no. Without a conviction, there is no conviction to record, and you generally do not have a criminal record as a result of a section 10. That is a large part of its value.
This is why keeping a matter to a section 10 is often the whole aim of a case. Even where guilt is not really in dispute, avoiding a conviction can be the difference that protects a job or a career.
Why it matters, and getting one
Because a section 10 protects you from the consequences of a conviction, it is worth arguing for wherever the facts allow. The court weighs the person's character, the trivial nature of the offence, and the other sentencing factors in deciding whether to grant one.
Presenting the material well, with references and a clear account of the person's circumstances, is how a section 10 is won. It is a good example of why advice at sentence matters.
Frequently asked.
Does a section 10 show up on a police check?
Generally, no. A section 10 records no conviction, so it usually does not appear on a standard national police check, and you can usually say you have no convictions.
Does a section 10 give me a criminal record?
For most purposes, no. Without a conviction there is no conviction to record, so you generally do not have a criminal record as a result of a section 10.
When can a section 10 still be disclosed?
For certain sensitive roles. A Working with Children Check, and some occupational licensing and government positions, can consider findings of guilt even without a conviction recorded.
What is a section 10?
A finding that the charge is proven, followed by a dismissal or conditional release order without recording a conviction, under the Crimes (Sentencing Procedure) Act 1999 (NSW). You are found guilty but no conviction is entered.
Is a section 10 worth aiming for?
Yes. Because it avoids the consequences of a conviction, it is worth arguing for wherever the facts allow. Presenting good material at sentence is how a section 10 is won.
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.