Criminal history check

Employee criminal history and background checks in New Zealand

By conducting a criminal history check on potential employees it will reveal any offences and criminal convictions in New Zealand. This includes Drink/Driving convictions and any time spent in custodial sentences. It will enable you to assess the appropriateness of the candidate and the risk relating to the responsibilities of the position applied for. Aliases are also checked.

Find out more about our process for criminal history and background checks below or contact our team for a free confidential consultation.

In New Zealand Applicants complete and sign the relevant forms and provide a copy of photo ID, such as Driver Licence or Passport.

The Criminal Records (Clean Slate) Act 2004 will apply in most pre-employment screening cases. This legislation is designed to allow individuals with less serious convictions who have been conviction free for at least seven years and who meet all other relevant criteria to put their past behind them. It will enable eligible individuals to conceal convictions in most circumstances. There are some exceptions when individuals' convictions will continue to be disclosed.

Criteria for concealing a criminal record

The individual must have:

  • no convictions within the last 7 years;
  • never been sentenced to a custodial sentence (e.g. imprisonment, corrective training, borstal, Home or community detention);
  • never been ordered by a Court during a criminal case to be detained in a hospital due to his/her mental
  • condition.
  • not been convicted of a "specified offence" (e.g. sexual offending against children and young people or
  • the mentally impaired)(see interpretation section for a full list);
  • paid in full any fine, reparation or costs ordered by the Court in a criminal case;
  • never been indefinitely disqualified from driving.

Criminal history check Australia (National Police Check)

Employrite has been an 'Australian Criminal Intelligence Commission' (ACIC) accredited agency/broker since 2007. The Australian Criminal Intelligence Commission (ACIC) partners with police agencies in Australia to provide the National Police Checking Service (NPCS). Such checks will reveal any offences and convictions held throughout the states and territories of Australia.

The value of the accreditation means that results are instant in 92% of cases, and if held in a pending status are resulted in between 10-15 days.

Applicants complete an Informed Consent form and provide 100 points of ID with their application.

Spent conviction scheme

Convictions covered

The scheme applies to spent convictions where a waiting period has passed and the individual in question has not re-offended.

The following conditions apply to convictions for a Commonwealth, Territory, State or foreign offence:

  • it has been 10 years from the date of the conviction (or 5 years for juvenile offenders)
  • the individual was not sentenced to imprisonment for more than 30 months
  • the individual has not re-offended during the 10 year (5 years for juvenile offenders) waiting period
  • a statutory or regulatory exclusion does not apply

The scheme also covers convictions that have been set aside or pardoned under Part VIIC of the Crimes Act 1914. An individual whose conviction is protected does not have to disclose the conviction to any person, including a Commonwealth authority.

Exclusions

There are some exceptions which require you to disclose a spent or protected conviction.

The Act includes specific exclusions for some positions of employment. The Attorney-General has also granted exclusions from the scheme for several categories of employment.

This means that people applying for such positions must declare all convictions, or any convictions for specific offences, as required for the specific position.

Details of exclusions should be provided to you by the employing organisation before your consent is sought to obtain a criminal history check.

International criminal history checks

There are very few places in the world where Employrite cannot access checks via trusted international partners. You need only to contact Employrite. Where an individual has lived and worked overseas, we recommend a Criminal History Check to be conducted in their home country or where they might have spent time working.

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