Spent Convictions
If you are found guilty by a Court of breaking the law and committing an offence, or you plead guilty to committing an offence, you may have a criminal conviction placed on your record – the formal record of any offences a person has committed as maintained by the police.
Your criminal record is generally not available to anyone without your consent, but there are exceptions such as information sharing between law enforcement agencies, government departments and the Courts. You might also need a copy of your criminal record (such as by obtaining a National Police Check through NSW Police Force, Criminal Records or other agencies) when apply for a job or to work as a volunteer, work with children, apply for certain insurances, seek to adopt or seek a visa to travel.
Do convictions stay on your record forever?
In New South Wales, the Criminal Records Act 1991 (NSW) governs the effect of a person’s conviction for a relatively minor offence if the person completes a period of crime-free behaviour. It also and makes provision with respect to quashed convictions and pardons.
A “quashed” conviction is a conviction that has been set aside by the Court.
A “pardon” means a free and absolute pardon that has been granted to a person because he or she was wrongly convicted of an offence.
In relation to NSW convictions, they generally becomes a “spent conviction” if a person has had a 10 year crime-free period (as an adult) from the date of the conviction however, there are certain exceptions to the spent conviction regime, which include:
- where a prison sentence (not periodic or home detention) of more than 6 months has been imposed (eg rape, murder etc;
- convictions against companies and other corporate bodies;
- sexual offences; and
- convictions prescribed by the Regulations made under the Act.
Some convictions are ‘spent’ immediately for example where a an offence is proved or a person is found guilty without proceeding to a formal conviction.
In the NSW Children’s Court, the crime-free period is 3 years, during which the person must not be the subject of a control order, be convicted of an offence punishable by prison and must not have been in prison or unlawfully at large. In the Children’s Court, an order that a charge be dismissed and a caution administered means the order is spent after the caution is given.
Each State and Territory as well as the Commonwealth has their own legislation regarding spent convictions (and those relating to juvenile offences which range from a 3-5 year of crime-free period) and they are generally similar in operation. Click here for a useful summary in each jurisdiction
What is the benefit if having ‘spent’ convictions?
Society has determined that after the completion of a specified crime-free period, a person need not be burdened by the stigma of being a criminal.
The benefit for former criminals of having convictions become “spent” is that if a person’s conviction is spent, he or she is not required to disclose information concerning the spent conviction to any other person for any purpose (even if the person is specifically asked a question concerning their criminal history). Obviously any convictions which are not spent must be disclosed.
FURTHER INFORMATION
For further information, please contact McKillop Legal on (02) 9521 2455 or email help@mckilloplegal.com.au
This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.
