A criminal conviction can affect your ability to travel and work in the future. If you have a previous drink driving conviction, your ability to work in certain driving occupations may be limited and you may find your ability to get a visa for some countries is restricted. Successfully obtaining a Section 10 for drink driving can help you avoid the immediate consequences of disqualification from driving and expensive fines, but what about the long-term consequences?
Whether or not you can still travel without hindrance after receiving a Section 10 depends on the type of Section 10 order the magistrate or judge has given you. An outright Section 10 will not be disclosed on your criminal record, but if you are given a Section 10 with a bond or other conditions it will appear on your record for a certain period of time until it is considered ‘spent.’
What happens if I get a Section 10 with a good behaviour bond?
If the judge or magistrate awards you a Section 10 with a good behaviour bond, it means that there are certain conditions you will need to adhere to in order to avoid a criminal conviction. Good behaviour bonds generally last no more than two years and in this time you will be expected to follow certain guidelines and maintain a clean driving record.
If you have been awarded a Section 10 with a good behaviour bond, it will be disclosed on your criminal record until the good behaviour bond period expires. Once the designated amount of time has passed, as long as you have not breached the terms of your good behaviour bond, it will no longer appear on your criminal record.
If it is ‘spent’ do I have to disclose a previous Section 10 for drink driving?
You do not have to disclose a previous Section 10 order as long as the period of time which was specified in the good behaviour bond has passed. As well as when you are travelling, this also applies to applying for work or study and any situation where someone asks you if you have a criminal record.
Many people believe that they are obligated to disclose any previous findings of guilt in a driving or criminal matter, and this is not necessarily the case. If you are unsure whether or not to disclose a previous drink driving matter for which you obtained a Section 10 it is a good idea to seek legal advice.
If I get a Section 10 with no good behaviour bond will it appear on my record?
A straight Section 10 with no conditions or behaviour bond will not appear on your criminal record and should not affect your ability to travel. It is most likely that an outright Section 10 for a drink driving offence will be given if the offence is on the low to mid-range side, but it is possible to get a Section 10 for a high range PCA offence in certain circumstances.
Receiving a Section 10 for drink driving should not affect your ability to travel and obtain a visa once any conditions associated with the Section 10 order have expired, but it is a good idea to seek legal advice if you are unsure about anything to do with your previous convictions or findings of guilt.
