How Long Does an Assault Charge Stay on Your Record in Australia?
Understanding Assault Charges in Australia
How long does an assault charge stay on your record in Australia? When one person wilfully applies force to another person without first obtaining their consent, this behaviour is considered to be the criminal act known as assault. Charges of assault can range from relatively small actions, such as pushing or shoving, to significantly more serious offences, such as aggravated assault, which entails causing substantial bodily harm to another person. The law in Australia makes a distinction between two different kinds of assault: common assault and assault causing actual bodily harm, which is abbreviated as “AOABH.”
Assault in the first degree, also known as common assault, is the less serious of the two types of assault charges. It is described as an assault that does not result in any physical harm. Assault in its most common form can result in fines or perhaps up to two years in prison. On the other hand, being charged with AOABH is a more serious offence because it entails intentionally causing bodily harm to another individual. In Australia, the offence of AOABH has a maximum sentence of five years in prison.
How Long Does an Assault Charge Stay on Your Record?
In Australia, if you are charged with assault, the charge will appear on your criminal record. If you have been convicted of a crime, your record will be made public. A person’s criminal history is a document that details all of the offences for which they have been found guilty, together with the sentence that they were given for each crime. The length of time that an assault charge remains on your record is determined by the seriousness of the alleged assault as well as the state or territory in which the alleged assault took place.
After being convicted of a misdemeanour assault offence in the majority of states and territories, the charge will remain on your record for a period of ten years beginning on the date of the conviction. If you are convicted of an assault charge that is considered more serious, such as AOABH, the charge will remain on your record for a period of 15 years after the conviction. On the other hand, the offence will stay on your record for the rest of your life if it was committed in certain states and territories, such as New South Wales.
Can You Get an Assault Charge Expunged from Your Record?
It is possible, depending on the specifics of your case, to have an assault charge removed from your criminal record and wiped. The legal procedure of having a criminal offence deleted from a person’s record is referred to as expungement. However, the procedure for having a criminal record expunged will be different depending on which state or territory the infraction was committed in.
You are eligible to submit a petition to have a conviction expunged in the majority of states and territories if you were younger than 18 years old at the time of the offence or if you have not committed another offence in a predetermined amount of time. If you are able to show that the infraction was a minor or technical one, or if you have made considerable efforts towards rehabilitation, you may also be able to file for expungement in some circumstances. This is the case if you are eligible to do so. For an assault charges criminal lawyer see here.
The Impact of an Assault Charge on Your Life
In Australia, being charged with assault can have a significant and negative influence on a person’s life. If you are found guilty of assault, you will not only have to deal with the legal repercussions, but also the social, financial, and personal implications. If you have been convicted of assault, you may have a difficult time finding employment or accommodation because your criminal record can be disclosed to potential employers or landlords. If you have been convicted of assault, you may find it difficult to get a job. As a result of the fact that many countries have stringent entrance rules for those with criminal convictions, you may also find that your ability to travel or acquire a visa is restricted in some way.
A conviction for assault can have serious repercussions not just for your professional and academic prospects in the future but also for your personal life and relationships. There is a possibility that you will lose ties with members of your family and friends, in addition to suffering emotional discomfort and problems with your mental health. If you are having trouble coping with the aftermath of an assault charge, you should look for support from a trained expert as soon as possible.
The Bottom Line
In Australia, being found guilty of assaulting another person can have severe repercussions for your life. The length of time that an assault charge remains on your record is determined by the seriousness of the alleged assault as well as the state or territory in which the alleged assault took place. It is possible to have an assault charge wiped from your record in some situations; however, the process for expungement will differ depending on the state or territory where the offence was committed. In certain circumstances, it is possible to have an assault charge expunged from your record in certain circumstances. If you are facing charges of assault, it is imperative that you understand the potential repercussions of a conviction and that you obtain legal advice if you are in this position. You will be able to minimise the effect that an assault charge has on your life and move forwards towards a better future if you get the correct help.
