News · Criminal law explainer
Will a criminal record affect your job in NSW?
For many people, the biggest fear about a criminal charge is what it will do to their work. The effect depends a great deal on the job, the offence, and the outcome of the case. This note explains when a criminal record affects employment in New South Wales, what employers can ask and consider, and how to protect your position.
By Aaron Kernaghan · Published 3 September 2026
It can, but not always. Whether a criminal record affects your job in NSW depends on the role, the offence, and whether a conviction was recorded. Many jobs never involve a check, and a spent conviction or a section 10 usually does not show on a standard check. For sensitive roles, a check is required and a record can matter. Avoiding a conviction is often the best protection.
Does every job involve a check?
No. Many jobs never require a criminal history check. Where a check is not part of the role, an employer generally will not know about a matter unless you tell them or it becomes public. A great many people work for years without a check ever being run.
Checks are more common in some sectors, such as government, finance, health, education, and roles involving children or vulnerable people. For those roles, a check is usually part of the process.
What does a check show?
A standard national police check shows disclosable court outcomes, generally convictions and some pending matters. A spent conviction and a section 10 generally do not appear on a standard check.
So the outcome of your case matters a great deal to employment. A conviction is more likely to affect work than a matter dealt with without conviction.
Can an employer ask about your record?
An employer can ask about your criminal history, and for many roles can require a check as a condition of employment. What they can then do with the information depends on the role and on discrimination and privacy rules. An irrelevant old matter should not be used to refuse a job unfairly, but for a relevant role a record can lawfully be considered.
You should generally answer honestly where a lawful check or question applies. Giving false information can be worse than the record itself. But you are usually not required to disclose a spent conviction.
Roles with special rules
Some roles have their own regimes. Working with children requires a Working with Children Check, which considers findings of guilt even without conviction. Professional bodies, security licensing, and some government roles have their own character requirements. These can consider more than a standard check.
For these roles, even a matter dealt with leniently can have consequences. Advice on the specific role is important.
How to protect your position
The best protection is the outcome of the case. Avoiding a conviction, through a section 10 or a non-conviction order, keeps the matter off most checks. Where a conviction is unavoidable, the level of the offence and the penalty still matter.
If your job is at risk, tell your lawyer early. The employment consequences can shape how the case is run and what is argued at sentence. It is a proper matter to put before the court.
Frequently asked.
Will a criminal record affect my job in NSW?
It can, depending on the role, the offence, and whether a conviction was recorded. Many jobs never involve a check, and a spent conviction or a section 10 usually does not show on a standard check.
Can my employer see my criminal record?
Only if a check is run, which requires the role to involve one and, in most cases, your consent. A standard check shows convictions and some pending matters, not spent convictions or section 10 outcomes.
Do I have to tell my employer about a charge?
It depends on your role and any lawful question or check. You should answer honestly where one applies, but you are usually not required to disclose a spent conviction. Get advice for your situation.
Does a section 10 affect employment?
Usually not for standard checks, because it records no conviction. But sensitive roles, such as working with children, can consider findings of guilt without conviction.
How can I protect my job?
The best protection is the outcome of the case. Avoiding a conviction keeps the matter off most checks. Tell your lawyer early if your job is at risk, so it can be put before the court.
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.