How Do Criminal Records Work in New Zealand?
One of the most common concerns I hear especially from first-time offenders is:
“Will this go on my record?”
It’s a good question. And like most things in law, the answer is: it depends.
In New Zealand, a criminal record can affect your job, travel, visa, and future opportunities. But not every charge results in a conviction and not every conviction stays on your record forever.
If you’ve been charged, it’s important to understand how criminal records work—and what we can do to protect yours.
What Is a Criminal Record?
A criminal record is a record of your convictions in the New Zealand court system. It doesn’t include charges that are:
Withdrawn
Dismissed
Result in diversion
Or lead to a discharge without conviction
So, if you're found guilty and convicted, it goes on your criminal record. If you avoid conviction through legal strategies, you may avoid a record entirely.
How Long Does a Conviction Stay on My Record?
In most cases, forever unless you qualify to have it concealed under the Clean Slate Act.
The Clean Slate Act (2004)
If you’ve had no convictions in the last seven years, and:
You’ve never been sentenced to prison
You haven’t been convicted of a specified serious offence
You haven’t been banned from driving indefinitely
You don’t have pending charges
Then your convictions will be automatically concealed when you apply for most jobs or visas (except in sensitive fields like policing, law, or working with children).
But this only applies after seven years of no further convictions.
Who Can See My Criminal Record?
Depending on the context:
Police and the courts can always see it
Immigration NZ can request a full history
Employers may ask you to disclose convictions
Some licensing bodies (e.g. teaching, medical, legal) can run background checks
That’s why I work hard to avoid a conviction altogether if possible—especially for first-time offenders.
How I Help Clients Avoid a Criminal Record
I’ve helped clients:
Get diversion for minor offences
Apply for a discharge without conviction when the consequences would outweigh the offence
Argue for alternative resolutions like restorative justice or reparation
Delay guilty pleas until we’ve built the strongest possible submission
Your job, your family, your visa these things matter, and the courts can take them into account with the right approach.
Can I Get a Conviction Removed?
There is no formal process in NZ for “wiping” a conviction like an eraser. But the Clean Slate law gives many people a second chance, provided they stay conviction-free for seven years.
In rare cases, appeals may overturn a conviction but this is complex and fact-dependent.
Don’t Wait and Hope It Disappears
If you're charged with an offence, your record isn’t written yet. The steps we take now can shape whether this becomes a conviction—or a closed chapter.
📞 Contact Us Now Call me today if you’re worried about your criminal record. Whether you’re facing charges, applying for a visa, or returning to work, I’ll guide you through your legal options with clarity and care.
Disclaimer: This blog is intended for general information only and does not constitute legal advice. For advice on criminal records, Clean Slate eligibility, or convictions, please speak to a qualified lawyer.
