A spent conviction is one which in some circumstances, does not require the convicted person to disclose that conviction. Having a conviction made spent does not alter the penalty or the sentence for that conviction, but it limits the extent to which a person is required to disclose it. Whilst a spent conviction may not need to be disclosed, it does not disappear entirely and will still remain on a person’s History for Court; which is a private police document detailing a person’s criminal history. A spent conviction however, will not appear on National Police Clearance. In some circumstances, a spent conviction may be required to be disclosed and this can include some of the following:

– applying for certain jobs, including as a police, prison or transport officer

– working in certain places, including schools, hospitals and child care centres

– applying for special licences, such as security agents, child care providers, casino employees, or to have firearms, or

– applying for an Australian visa.

Spent convictions can be sought either at the time of sentencing for an offence whereby upon being convicted, an application may be made by that person’s legal representative for a spent conviction or for historical convictions if the required time has passed, an application to have the conviction spent, may be made.

In many matters, upon being instructed to do so, we apply for spent convictions for clients at the time of sentencing. We also often engaged to make applications for clients to have their historical convictions spent.

– Luke, Lawyer at SR Criminal Lawyers

Contact us for assistance in applying for a Spent Conviction