Individuals who have been convicted of a crime can face challenges in society as the
fallout from a conviction will often have a long-term impact on their lives. For example,
these challenges can include issues with securing employment, applying for rental
properties or travelling.
Under the previous system, if a person was convicted of a crime, then that conviction
would appear on every criminal record check, no matter the seriousness of the crime or
the length of time that had passed.
Through the current system, Victoria has introduced the spent convictions scheme as a
pathway for certain crimes recorded on a criminal record to become ‘spent’.
What is a Spent Conviction?
Unless an exemption applies, a spent conviction is a record of a criminal offence that:
• Will not appear on a police check.
• Does not need to be disclosed to anyone (with limited exceptions).
• No one can ask you to disclose information about (except in a small number of
circumstances).
This scheme is useful for individuals who have been rehabilitated and who have had to
deal with consequences of having a criminal record.
Which convictions can become spent?
There are many factors that determine whether a conviction can become spent.
If you have a criminal record and need assistance in understanding the spent conviction
scheme, you should speak to an appropriately qualified criminal lawyer.
How does a spent conviction occur?
A conviction can become spent in three different ways, as outlined below:
Convictions spent immediately
Some convictions are spent immediately and do not require any further action. This means
that the conviction is spent from the date that the conviction is imposed.
Convictions that require an application to the Magistrates’ Court
Some convictions require an individual to take action and apply to the Magistrates’ Court
of Victoria directly for a spent conviction order.
This is usually required when the conviction is in relation to a serious conviction. A serious
conviction includes:
– Where there was a sentence imposed of more than 30 months imprisonment or
detention; or
– A conviction for a sexual offence; or
– Serious violent offences.
Convictions spent on the expiry of the conviction period
Some convictions are spent after the relevant conviction period has passed. A conviction
period is the length of time you will have to wait before the conviction can become spent.
This period will either be:
1. 5 years for children and young offenders; or
2. 10 years for everyone else.
Reoffending during a conviction period
It is important to note that if a crime has a conviction period and an individual reoffends
during that time, this may then have an impact on the conviction period.
For example, a conviction for a new offence may restart a conviction period, unless under
specific circumstances.
If you or someone you know wants more information or needs help or advice with a
criminal law matter, please contact our Intake team on (03) 9364 7400 or email us at
reception@hartleyslawyers.com.au.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.