‘Your Past Doesn’t Have to Get in the Way of Your Future’: Rethinking Criminal Record Checks

If you apply for a job, you might be told to complete a criminal record check. This provides a document summarising any criminal history that can then be given to a potential employer.

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Too many First Nations people are missing out on work and even volunteering roles because of these police checks. It might be shame that stops you from applying, or sometimes the rules don’t match the job. Sometimes it’s just not knowing your rights.

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That’s why the Rethinking Criminal Record Checks project was started. It is easy to understand information, real support and practical tools to Mob about looking for work after you’re released from prison with a criminal record.

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The project was funded by the Victorian Legal Services Board, and involved researchers, First Nations community contributors, VACCHO, Woor-Dungin, Winda-Mara Aboriginal Corporation and other partners.

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The resources have been shaped by First Nations voices, and are available now online. We’ve included some useful resources here for Mob in prison who might be approaching release. You can also keep the QR code in the top corner for when you’re released to access the full resources.

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The main message from this is that your past doesn’t have to get in the way of your future.

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Your Lived Experience is a Strength

A police check is a piece of paper; it is not your whole story. It doesn’t show who you are today – your lived experience is a strength.

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Mob with lived experience bring something real to the workplace: honesty, resilience and a deep understanding of what Community members are going through. They know the struggles, the recovery and the healing journey, because they’ve lived it.

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People with lived experience often connect better with Community and with young ones. Many are loyal and committed because someone opened a door for them. When one person is supported, their whole family and Community feel it.

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Don’t Let Shame Stop You

Shame and stigma are stopping Mob going for jobs.

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When Mob see “police check required”, shame and fear might kick in straight away. Some people freeze, walk away or avoid applying because they’re worried about judgement.

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For many First Nations applicants, having to disclose or explain a criminal record can trigger feelings of shame, fear and distress.

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Including criminal checks in employment advertisements can cause distress and sometimes self-exclusion, particularly when there is no support to navigate the questions, or to negotiate disclosing what might be an irrelevant record, or to address the feelings it brings up.

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Shame can make you quiet. It can make you step back before anyone even listens. But things can change when you open up and let your story be heard.

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A Yarn Beats an Interview

A good yarn brings out the real story: what happened, what’s changed, and what support you’ve got. It builds trust. People open
up more when they feel heard and not judged.

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Elders, family and respected Community members know who you really are, not what’s written on a form. They understand your journey, your struggles and the changes you’ve made. Their support can help employers look beyond a police record. When Community is involved in hiring decisions, things are fairer, safer and more culturally right.

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Formal interviews can feel scary, judgmental and cold. Yarning helps you relax and speak in your own way and your own time.

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If an employer offers you the chance to yarn rather than do a formal interview, take it. If they don’t offer it, it’s okay to ask. When employers make space for yarning and involve Community voices, safer and fairer decisions follow.

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Spent Convictions

After you’ve been out of prison for a while, you might be able to get your convictions “spent”. This means they are removed from most police checks, and you do not have to tell employers about them. You legally cannot be discriminated against because of them.

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In Victoria, minor offences like traffic infringements and most offences committed when you’re under 15 years old, are spent straight away.

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Many other offences are spent after a crime-free period, often 10 years, without you having to do anything.

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For more serious offences, you can apply to the Magistrates’ Court for them to be spent.

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If you’re in Victoria, Legal Aid Victoria or Victorian Aboriginal Legal Service can help you prepare your application for this, and you can also ask for a Community Elder to be involved with this.

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For Mob in the rest of Australia, you can contact legal aid or other Community legal centres to get information on how to get your convictions and how to get this process underway.

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If you’re able to access it, the full resources can be found at:

rethinkrecordchecks.org.au