It is common practice for employers to require a police clearance when you apply for a new job. A conviction on your record can present great difficulties in your life, in relation to your employment prospects. It can also detrimentally affect your ability to travel freely to other countries.
A spent conviction is an order which generally does not have to be disclosed and is granted at the court’s discretion. Therefore, a spent conviction does not show on a person’s criminal record and is instead held on a private record by the police. There are only certain circumstances in which a spent conviction must be disclosed, for example, if you are applying for a job which involves being around children, or one that requires high security clearance.
The granting of a spent conviction in WA will be dependent on the seriousness of the offence, the likelihood of reoffending and the offender’s past conduct.
While it is very hard to obtain a spent conviction, we have been successful in obtaining spent convictions for clients on a number of occasions. For instance, even in circumstances where a spent conviction is not ordinarily granted, such as in relation to traffic matters and on occasions where a person has already had a spent conviction ordered previously for the same conduct, involving charges as serious as supplying illicit drugs.
At Sharleena Ramdhas Barrister & Solicitor we can provide you with advice about the sorts of materials to obtain to produce to the court to give yourself the best chances of success to get a spent conviction.
Sharleena Ramdhas Barrister & Solicitor are leading criminal defence specialists in Perth with a strong background in all areas of criminal law, including the application for spent convictions in WA. With a reputation for high-level legal service and a commitment to achieving the best possible outcome for our clients, we can provide expert legal advice in relation to all criminal charges. Contact us today to see whether you are eligible to apply for a spent conviction in WA. Get in touch by giving us a call on 0421 215 421 or sending an email to admin@srcriminallawyers.com.au.
You can apply for a spent conviction in WA verbally at your sentencing when you are in court. You should provide character references to support your application for a spent conviction from people such as your employer to help increase your chances of getting a spent conviction.
Depending on the type of offence and your past criminal history, you may be able to ask the court to make a Spent Conviction Order when you are being sentenced. You can also apply to have old convictions declared spent after a 10-year period has passed.
When a conviction is spent, it means that you generally do not have to disclose that you were convicted of that particular offence. However, this does not change the penalty or sentence for a conviction and the conviction does not completely disappear, it will instead remain on your criminal record kept by the police.
Spent convictions in WA can be taken into account by the court when considering bail or sentencing you for a new offence. They are also considered if you apply for a Working With Children Check and in certain employment circumstances, for example, employment involving children or employment which requires a very high security clearance.
In general, it is against the law for current or potential employers, unions, associations, licencing boards or professional regulators to discriminate against you because of spent convictions. If you are discriminated against because of your spent convictions, you can complain to the Equal Opportunity Commission.
There are certain situations where you are required to disclose spent convictions in WA, and these include:
To increase your chances of getting a spent conviction, you should provide the court with character references to show you are otherwise of good character from people such as your employer. You can also increase your chances of a successful spent conviction application if you have evidence to assist the court with alleviating any concerns that you might reoffend, for example, if you are working or you have engaged in rehabilitation or counselling.
