question about Police/Criminal Records/DPP

[eScoRt20]

in 2007 i was involved in a fatal car accident with a motorbike. skipping over the details, he was travelling very fast, swerved out from behind a car that was turning off. i havnt seen him, and pulled across the intersection. he has slammed into the side of my VL very hard. and was killed as a result. i was charged with dangerous driving resulting in death. as i was under 18 when the accident occured, i chose to be trialed in juvenile court. after 6 months of the DPP fumbling around, they decided to drop the charges. All good.

now on tuesday night, i was pulled over by a Police car. they got out of the car holding the paperwork for a yellow sticker, went over the car, and gave it a yellow sticker. the car deserved it, ive got no problem with them giving it a yellow. however he made a comment about "someone with your history should know the dangers of speeding" (they accused me of speeding, but admitted no radar reading, so i didnt admit i was speeding). i've had 2 speeding fines in my almost 4 years of driving, both for less than 20k over the limit. so i asked what on my record indicated i have a history with speeding. he refused to answer, turned into a right wanker, started talking down to me. eventually i got him to admit that my record states i was charged with dangerous driving resulting in death, and that they dropped the charges. started yelling at him on the side of the road, told him the circumstances of the accident, he apologised for talking down to me, and turned into a completely different guy.

now my question is, should this still be on my record, even though they dropped the charges before it got to trial, and how would i go about getting this taken off my record.

cheers, Tom.

[Alt_F4]

The proper terminology escapes me at the moment, but I believe offenses when committed as a juvenile can be wiped from your record, however I don't know if this applies to criminal offenses such ones I think yours comes under.

EDIT:
Ok found the term... Expungement

http://www.justiceaction.org.au/index.php?option=com_content&task=view&id=171&Itemid=143

Q: Who can get their court record expunged?
A: Eligibility for an expungement of arrest, investigation, or detention record will be based on state law. Often a number of conditions must be met before the request will be considered, including:
* A minimum length of time has passed since arrest
* There have been no intervening arrests
* The proceedings were dismissed
* Acquittal
* Discharge without conviction and no charges were refiled
* Release without formal charges being filed
* Any juvenile records have been expunged

[Shauno]

Exponged ? Or something along those lines, i got this when i went to court for hoon law...Applied for Expongement and lawyer fees both were granted.

Dont quote me but thats what i thought the word was?

[Nemi]

its not a criminal record but the police keep a record of everything including every time you have contact with them.

Its not able to be used in a court but its there every time they lookup your details.

[XF Falcon]

As I was done for hoon laws, and was rightfully cleared of all charges, would all this info be available to the police officers computers if they did a rego check on my car?

Shaun, how did you go about applying for the expongement? Was it through a police station with a written letter, or is it something you have to do through the courts at the time of being dismissed?

[Macca]

As I was done for hoon laws, and was rightfully cleared of all charges, would all this info be available to the police officers computers if they did a rego check on my car?

Shaun, how did you go about applying for the expongement? Was it through a police station with a written letter, or is it something you have to do through the courts at the time of being dismissed?

yes they can still see it no matter what. Just wont be recorded as a conviction

You need to apply through the courts

[Shauno]

I applied at the time in court.

Need to have circumstances that will require a clean slate ie (job working with kids?) So its not just something you can get easy as either

[duste]

Hmm, quite interested in this also. I got done for hoon laws whilst under the age of 18 and was told it would be wiped from my record as soon as I turned 18.

Similar case I guess...if they are still able to see it and I were (miraculously) to be charged with hooning again, would it count as my second offense or first offense?

[s1mon]

What "Nemi" said.

Police can not only pre-judge you on your race, colour, car, appearance etc. But with the new stop and search laws based on "reasonable suspicion", a police officer can simply say "He got busted with pot in 1984". And the law says your local police officer has the option to search you and your car to their hearts content.

And people say we 'dont' live in a police state.

i know csb :slap:

[RICEY]

Fuck man bit OT but that dude killing himself on your car mustve fucked with your head for a while...

[shifted]

When I got arrested at 16, they said it will show up on my record until the next change of age, so 2 months later when I turned 17 it was no longer applicable. But I think it is different once your 18, and it stays permanently.

[dattoman]

You can have it expunged... however its still in your history (this will go on your permenant record)
It can't be used against you but its never gone from history
Your driving record is your record... insurance companies want to know even if the offence is removed

I got done for reckless driving in 1988
Its supposedly been removed from the system... but I've had cop mates check... and theres still a notation on file

[Lasoya]

Hmm, quite interested in this also. I got done for hoon laws whilst under the age of 18 and was told it would be wiped from my record as soon as I turned 18.

Similar case I guess...if they are still able to see it and I were (miraculously) to be charged with hooning again, would it count as my second offense or first offense?
Second offense......

[Denver]

theres a time period in which you can have the record cleared, ten years from memory, it should then be wiped for good, and not still be there if the cops look it up..