Can You Find a Job While Awaiting Criminal Exoneration?

TL;DR

Yes. You can usually work while awaiting criminal exoneration, but your conviction will still appear on police checks until it is quashed. Employers in NSW must assess whether it is relevant to the role’s inherent requirements, but many non-regulated jobs remain accessible with careful disclosure and documentation.

Table of Contents

• Introduction
• What Does “Awaiting Exoneration” Mean in NSW?
• How Your Status Appears on Police and Screening Checks 
• Legal Framework for Employers Using Criminal History
• Which Jobs Are Most Affected While Exoneration Is Pending?
• How to Talk About a Conviction Under Appeal or Review
• Choosing Roles Strategically While Waiting on the Outcome
• Managing Evidence, Referees, and Documentation 
• What Happens to Employment After Exoneration? 
• How Success Works Partners Fits In
• FAQs

Introduction

Women in NSW can be in a complex position after release: the conviction is still on record, but a formal appeal or review is underway that may clear it. Employment questions in this phase are different from standard “I have a record” issues and different again from being on probation or parole. 

This guide focuses on women who have finished their sentence (or are no longer under community corrections) and are now awaiting a possible exoneration through appeals or review processes. It explains how your status appears on checks, which jobs are realistically open, how to discuss a conviction under challenge, and what to do once a court finally rules. 

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What Does “Awaiting Exoneration” Mean in NSW?

In NSW, “exoneration” is not a separate legal label. Practically, you are “awaiting exoneration” if you have an existing conviction but there is a current legal process that may overturn it. Common examples include: 

• An appeal to the NSW Court of Criminal Appeal under the Criminal Appeal Act 1912 (NSW). 

• A post-conviction review under the Crimes (Appeal and Review) Act 2001 (NSW), such as a referral to the Court of Criminal Appeal on a question of wrongful conviction. 

• A High Court appeal on a point of law after state options are exhausted. 

Unless and until a court quashes the conviction, it remains a conviction for the purposes of: 

• Nationally Coordinated Criminal History Checks (police checks). 

• Working With Children Checks (WWCC). 

• Security, correctional, or justice-system screening. 

The fact that a conviction is “under appeal” or “under review” may sometimes be noted in the police history or supporting court documents, but the underlying finding still appears as a conviction until a court sets it aside. 

Read:  

• How to Get a Job While on Probation 

• How to Get a Job While on Parole 

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How Your Status Appears on Police and Screening Checks

Most employers use a Nationally Coordinated Criminal History Check coordinated through the Australian Criminal Intelligence Commission (ACIC). For NSW offences, the result usually lists: 

• The offence title and legislation. 

• The court, date, and sentence. 

• Whether there are any current matters or pending proceedings, if disclosable. 

If your conviction is under active appeal or review, the check will still show the conviction. Any notations about appeal status will not remove the entry, they simply provide context. 

For specialised schemes, the situation is similar: 

• Working With Children Check (WWCC): The Child Protection (Working with Children) Act 2012 (NSW) requires the NSW Office of the Children’s Guardian to risk-assess all relevant criminal and workplace records. A conviction under appeal is usually assessed as if it still stands, especially for serious or prescribed offences. 

• NDIS Worker Screening: Under the National Disability Insurance Scheme (Practice Standards) Rules and state screening laws, a conviction under review is still considered in the overall risk assessment. 

• Security licensing, firearms, or certain finance roles: Sector-specific legislation often treats the conviction as valid unless and until a court overturns it. 

In practice, you need to assume that any existing conviction will be visible and taken into account for the duration of your appeal or review. 

Read:  

• Jobseeker’s Guide to the Police Check Process in NSW 

• Do You Need a Police Check for All Jobs in Australia? 

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Legal Framework for Employers Using Criminal History

Employers in NSW do not have a blanket right to reject someone just because a conviction appears on a check. Several legal principles apply: 

Relevance to the “Inherent Requirements” of the Role

Under the Australian Human Rights Commission Act 1986 (Cth) and associated guidelines on criminal record discrimination, employers should only rely on a record if it is relevant to the inherent requirements of the job. That typically means: 

• The offence type is directly linked to core duties (for example, fraud for a finance position). 

• There is a clear and rational link between the conviction and risk to clients, staff, or property. 

The Fair Work Act 2009 (Cth) also protects against “adverse action” on certain grounds, but criminal record itself is not a specific protected attribute. Instead, fairness is mainly enforced through the AHRC criminal record framework and state anti-discrimination laws (for example, Anti-Discrimination Act 1977 (NSW) in some contexts). 

Privacy and Handling of Your Record

Police-check results are considered “sensitive information” under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This means: 

• Employers must only collect criminal history information where reasonably necessary for their functions (APP 3). 

• They must store it securely and restrict access to those making the hiring decision (APP 11). 

• They must not disclose your record to third parties without consent or a lawful basis (APP 6). 

If you suspect your criminal history has been misused or improperly shared, you can raise a complaint with the Office of the Australian Information Commissioner (OAIC) or the Australian Human Rights Commission (AHRC). 

Read: Who Sees My Criminal History Information? 

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Which Jobs Are Most Affected While Exoneration Is Pending?

While your conviction stands, you are usually treated like any applicant with that conviction. Time since release and the seriousness of the offence can still help, but the appeal itself does not automatically soften how screening bodies apply the rules. 

High-Restriction Roles

Some categories have strict exclusion settings while your record remains: 

• Child-related roles: Teachers, youth workers, out-of-home care, school support, and most youth justice positions require a WWCC under the Child Protection (Working with Children) Act 2012 (NSW). Serious violence, sexual, or child-related convictions, even under appeal, will usually bar clearance. 

• Aged-care and NDIS roles: The Aged Care Act 1997 (Cth) and NDIS screening rules require employers to act on certain convictions, especially assault, sexual offences, and significant fraud involving vulnerable people. 

• Police, courts, corrections, and security: Justice-sector jobs are governed by legislation such as the Police Act 1990 (NSW), Crimes (Administration of Sentences) Act 1999 (NSW), and Security Industry Act 1997 (NSW). A contested conviction is still a disqualifying factor in most frontline or licenced roles. 

• Some government and finance roles: Public service positions involving integrity or financial control often impose strict probity requirements, and pending exoneration rarely changes that until the matter is resolved. 

The key point here is that until your conviction is quashed, you should usually treat these sectors as high-barrier. 

Lower-Barrier and Commercial Roles

Most general employment in the private sector has fewer formal restrictions. Examples include: 

• Hospitality, cleaning, retail, warehouse, logistics, and basic admin roles. 

• Many construction, trades-assistant, and manufacturing positions where the offence is not directly safety-critical. 

• Some lived-experience or peer-support roles in community organisations that explicitly consider justice-involved applicants. 

These roles may still require a police check, but employers have greater discretion. If your offence is not closely linked to the core risks of the job, a well-presented application, strong referees, and a clear explanation of your current legal status can carry significant weight. 

Read: Jobs You Can and Cannot Do with a Criminal Record

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How to Talk About a Conviction Under Appeal or Review

Disclosure while awaiting exoneration is different from routine criminal-record disclosure. You need to: 

• Be accurate about your status. 

• Avoid overstating “innocence” claims in a way that conflicts with court records. 

• Show that you can still meet the job’s inherent requirements. 

When You Are Legally Required to Disclose

You must disclose your conviction if: 

• The application or consent form specifically asks for all criminal convictions, findings of guilt, or pending matters. 

• The role is legally exempt from spent-conviction protections (for example, WWCC, some justice-sector roles, or certain government positions). 

• A statutory body or licensing scheme requires full disclosure under its governing law. 

You cannot answer “no” to a question about convictions simply because you are appealing or seeking review. Until quashed, the conviction legally exists. 

A Sample Disclosure Script

If an employer asks about your record in an interview, a concise structure helps: 

1. State the fact: “In 2019 I was convicted of [offence] in the [court] and received [sentence].” 

2. Explain the current legal status: “That conviction is currently under appeal/review under the Crimes (Appeal and Review) Act 2001 (NSW). My legal team has lodged [type of application]. The conviction has not yet been quashed, so it will appear on a police check.” 

3. Address relevance and current risk: “The matter did not involve [for example, children, finances at work, or violence in a workplace setting]. Since release, I have completed [courses], maintained [employment/volunteering], and complied with all legal requirements.” 

4. Refocus on the role: “These steps show that I can meet the safety and trust requirements of this job.” 

This structure remains factual, avoids emotive argument, and shows you understand the employer’s risk position. 

Read: How to Talk About a Criminal Record in a Job Interview 

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Choosing Roles Strategically While Waiting on the Outcome

While the legal process runs, it is useful to target roles where a contested conviction is less likely to be a decisive barrier. 

Roles with Lower Formal Screening

Many jobs do not require WWCC, NDIS screening, or sector-specific security licences. For example: 

• Warehouse pick-packing, transport office support, basic logistics coordination. 

• Café, kitchen, and hotel back-of-house roles. 

• Contact-centre or customer-service work where you handle enquiries rather than money or vulnerable clients. 

These roles often use internal risk assessments that consider reliability and stability more than strict legal exclusions. 

Roles Where Lived Experience Is De-Risked

Some community organisations, social enterprises, and peer-support programs view justice system experience as a form of expertise, provided it is stable and well-managed. Where roles focus on group facilitation, outreach, or peer mentoring for adults, a contested conviction can sometimes be contextualised as part of lived experience. 

However, you must still pass whatever checks the organisation is legally required to run, and roles involving children or certain vulnerable adults may remain closed until your record is formally cleared. 

Read: Top Industries Hiring Women with Justice System Experience in NSW 

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Managing Evidence, Referees, and Documentation

While waiting on exoneration, documentation is important. Employers will want objective proof of your current stability and reliability. 

Useful materials to prepare include: 

• A current Nationally Coordinated Criminal History Check so you know exactly what employers will see. 

• Court or lawyer correspondence confirming that an appeal or review has been filed, including the relevant legislation (for example, Crimes (Appeal and Review) Act 2001 (NSW)). 

• Certificates for any training or qualifications completed after release. 

• Employment or volunteering references that describe your performance and conduct in detail. 

When possible, choose referees who can speak directly about reliability, safety, and compliance with procedures. This is particularly important if the original offence involved dishonesty, violence, or risk to others. 

Read: Top Skills That Can Get You Hired (Even with a Criminal Record) 

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What Happens to Employment After Exoneration?

If your conviction is quashed and any associated charges are dismissed, future checks and employer assessments will gradually change. 

Key steps typically include: 

• Criminal record update: The court outcome is recorded by NSW Police and provided to ACIC. Once systems are updated, new police checks should no longer list the conviction as a disclosable court outcome. 

• Spent conviction interaction: If the matter is quashed, it is not simply “spent”. It is treated legally as if the conviction should not stand. Employers should not rely on the previous conviction once it is removed from the record. 

• Communicating with current employers: If you disclosed the conviction when hired, it can be useful to provide them with a copy of the new court outcome or an updated police check. This is particularly relevant if the original conviction limited your duties. 

If an employer had previously relied on the conviction to deny you a role and that conviction is later quashed, you may seek legal advice about whether discrimination or unfair treatment can now be challenged. Any such challenge is fact-specific and should be discussed with a lawyer or community legal centre. 

Read: Why Mentorship Matters After a Criminal Record 

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How Success Works Partners Fits In

Success Works Partners provides structured job-readiness training and mentoring for women affected by the criminal justice system in NSW. It operates as a workforce re-entry program with a focus on practical outcomes. 

For women awaiting exoneration, Success Works Partners can help: 

• Identify realistic job targets during the appeal or review period. 

• Prepare disclosure statements that correctly describe your legal status without unnecessary detail. 

• Build a CV and interview profile that highlight skills, training, and stable behaviour since release. 

• Connect you with employers who are open to considering justice-impacted candidates where the risk is manageable. 

The program does not provide legal representation or lodge appeals, but it can work alongside your legal team to align job-search strategy with your current legal status. Refer yourself today. 

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FAQs

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Disclaimer

Success Works Partners provides job-readiness training, mentoring, resume support and practical guidance for women affected by the criminal justice system. Participation in our program does not guarantee placement in any company, role, or industry. We do not endorse, represent, or warrant the content of linked third-party websites, and we are not an agent for any organisation or employer mentioned. All employment decisions, screening outcomes, and role requirements remain solely with the respective employer or regulator.