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Why Aren't (Police) Criminal Record Checks Enough?

18/12/2022

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Precision Integrity Services (a NSW based investigation agency run by two former NSW police officers, Anthony Macklin & Danny Mikati) has a really good section on their website dealing with background checks and the limitations of official police criminal history searches. 

The article is reproduced in full below, but can also be accessed directly at the following link - you'll need to scroll down a little.  
​https://privateinvestigatorsydney.com.au/background-checks/

​Why Aren't Criminal Record Checks Enough?

A National Police Check will only reveal limited information. This information is specific to convictions received for a criminal offence or a traffic offence for which a conviction is received at court. The check doesn’t include convictions received by a person when they were a child and five years has passed, or where the conviction is more than 10 years old. There are exceptions to this, including where the offence was sexual or where the person was sentenced to prison time in excess of six months. However, where a business or individual is attempting to ascertain a complete picture of a person’s character and past behaviour, there are serious gaps in the information. 

A National Police Check won’t show whether a person has been put before a court on numerous occasions, but the charges were withdrawn, or they were found not guilty, and it won’t show infringement notices. This may seem insignificant, but this information may be of extreme relevance and that’s where Precision Integrity Private Investigators Sydney can help. Our investigators can access when a person has been brought before a court, regardless of the outcome. Furthermore, we can conduct multiple checks using various versions of a person’s name or identity information, which will produce a more accurate picture of a person’s interactions with the law. 

While it is important to consider a person is considered innocent until proven guilty, the court process is complex, and a not guilty verdict does not necessarily equate to a person being innocent. The burden of proof in a criminal court is beyond a reasonable doubt, which means the prosecution, or police, have proved there is no viable alternative than a person’s guilt. The prosecution’s case can be nullified by the defence creating a reasonable alternative. 

It is also common practice for defence lawyers to target procedural problems with a police investigation that can cause a matter to be dismissed. In those instances, a person’s guilt is often irrelevant to the outcome. As such, you should take into consideration whether an individual has been charged on multiple occasions, regardless of the outcome. This information is invaluable and is only available by way of professional background checks Sydney.
Click here for the update dated 23 Dec 2020 on this topic
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