How can I avoid a criminal conviction in Qld?
A criminal conviction can have serious and lasting consequences, such as affecting employment, travel, reputation, and even your ability to hold professional licences. However, in some cases, it is possible to avoid a conviction even if you plead guilty or are found guilty.
This article explains the main legal options available in Queensland, what courts consider under section 12 of the Penalties and Sentences Act 1992 (Qld), and how experienced legal representation can make a real difference.
What are the legal options to avoid a conviction?
Under section 12 of the Penalties and Sentences Act 1992 (Qld), a Queensland court has the discretion not to record a conviction. This means that while a finding of guilt is made, it does not appear on your criminal record.
The main options include:
1. No conviction recorded
The court may impose a penalty such as a fine, bond, or probation but choose not to record a conviction. When deciding, the court must consider:
The nature of the offence
The offender’s character, age, and criminal history
The impact that recording a conviction would have on their economic or social wellbeing or employment prospects
2. Diversion programs
For some minor or first-time offences, you may be eligible for a diversion program, such as drug diversion or the Court-referred Drug and Alcohol Treatment program. Successful completion can result in the charge being dismissed without a conviction being recorded.
3. Good behaviour bond
A court may order a good behaviour bond (also known as a recognisance order) requiring you to be of good behaviour for a set period. If you comply with the conditions, no conviction is recorded.
4. Negotiations with prosecution
In some cases, charges can be negotiated or downgraded before sentencing. Our Brisbane criminal defence lawyers regularly engage in case conferencing with the prosecution to have charges reduced or discontinued, which can result in avoiding a conviction altogether.
How to argue no conviction in Qld
When exercising discretion under section 12 of the Penalties and Sentences Act 1992 (Qld), the court considers all relevant circumstances of both the offence and the offender. The decision is not automatic and depends on the overall context presented at sentencing.
Seriousness of the offence
The nature and seriousness of the charge are central to whether a conviction is recorded.
Offences involving violence, sexual offending, or dishonesty are more likely to result in a recorded conviction. This includes serious matters such as rape, greivous bodily harm, choking, money laundering, or drug trafficking, where the court is required to prioritise community protection and denunciation.
By contrast, lower-level offences such as minor drug possession, common assault, and minor stealing charges, may be finalised without recording a conviction, especially where the conduct is isolated and the person has no prior record.
The court will assess how serious the conduct was compared to similar cases and whether the circumstances justify the non-recording of a conviction.
Your character and age
Your personal background and prior history are important considerations.
A person of previously good character, with stable employment and no prior criminal history, is more likely to receive a non-conviction outcome.
The court also considers maturity and prospects for rehabilitation - younger offenders or those who have shown genuine remorse and insight are often given greater leniency.
Evidence such as character references or proof of voluntary work can help demonstrate positive character and community standing.
Impact on career and livelihood
The practical effect of a recorded conviction is a major factor in sentencing. The court will consider:
Whether a conviction would prevent you from working in their current role or chosen profession
Obligations to disclose criminal history to an employer, professional body, or licensing authority
The potential impact on future employment, international travel, or visa eligibility
These considerations are particularly relevant to professionals such as doctors, accountants, engineers, teachers, healthcare workers, financial advisers, or tradespeople who hold Blue Cards, weapons licences, or other regulatory clearances.
Personal circumstances and rehabilitation
The court also looks at the person’s individual situation and any steps taken towards rehabilitation.
Factors such as mental health, substance misuse, or family responsibilities may provide context for the offending.
Active participation in counselling, rehabilitation, or community service can demonstrate insight and change since the offence.
Supporting material, such as reports from psychologists or treatment providers, can assist in showing progress and commitment to reform.
Overall, avoiding a conviction often depends on early and strategic legal action. An experienced criminal defence lawyer can:
Prepare strong submissions to support a no conviction recorded outcome
Negotiate with the prosecution to reduce or withdraw charges
Identify eligibility for diversion or rehabilitation programs
Present supporting evidence to the court
Our Brisbane criminal lawyers have extensive experience in preparing sentencing submissions that address these factors and, with supporting evidence and references, can help persuade the court not to record a conviction.
What should I do if I am charged with a criminal offence in Queensland
If you have been charged with a serious criminal offence in Qld, what you do in the early stages can strongly affect the outcome. Taking the right steps can help protect your position and improve the chances of avoiding a conviction.
Do not speak to police without legal advice
Anything you say can be used as evidence. It is best to speak with a criminal defence lawyer before deciding whether to participate in a police interview. In many cases, your lawyer may advise against giving a statement until the full allegations are known.
Preserve evidence that may assist your case
Keep any material that may be relevant to your defence, such as text messages, emails, phone records, social media messages, or CCTV footage. In some matters, such as rape, assault, fraud, or drug possession, these details can be critical. Do not delete or alter anything that could later support your version of events.
Contact a lawyer as early as possible
Early legal advice allows your lawyer to review the charge, examine the available evidence, and plan the next steps. They can also communicate with police or the prosecution on your behalf. In some cases, this can lead to charges being withdrawn, reduced, or resolved in a way that avoids a recorded conviction.
Gather references and supporting documents
Our Brisbane criminal lawyers will help you prepare character references from employers or community members who know you well. Documents showing steady work, study, counselling, or community involvement can help demonstrate that you are taking responsibility and are unlikely to reoffend.
Having a lawyer involved from the outset can prevent common mistakes and ensure the right issues are raised at the right time. Early representation also means your defence can be prepared properly, and any submissions for a no conviction recorded outcome under section 12 of the Penalties and Sentences Act 1992 (Qld) can be supported by clear and persuasive evidence.
Frequently asked questions about convictions in Qld
Will a no-conviction outcome appear on a background check?
In most cases, if no conviction is recorded, it will not appear on a criminal history check. However, some professional bodies may still require disclosure of the finding of guilt so if you are unsure before answering any questions, you should seek advice from a criminal defence lawyer.
Does a no-conviction recorded apply to all offences?
No. The court’s discretion depends on the seriousness of the offence and the surrounding circumstances. Serious indictable offences are less likely to attract a non-conviction outcome.
How can I improve my chances of avoiding a conviction?
Obtain early legal advice from an experienced criminal defence lawyer who can help you prepare supporting material, including strong character references and evidence of rehabilitation such as counselling, community involvement, or stable employment.
Choosing the best criminal defence lawyer in Brisbane
Our criminal defence lawyers appear daily in Brisbane and Queensland courts for serious criminal offences. We are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025