How do I clear my criminal record? Spent Convictions in Victoria
How do I clear my criminal record?
In 2021, legislation was enacted providing people with the opportunity to have their criminal records spent; that is, to have their criminal records quashed or overturned.
This opportunity is limited, and, in some instances, your criminal record may be disclosed.
Spent Convictions Act 2021 (SCA)
When can my criminal record be cleared or spent?
In most instances, your record will become spent immediately if;
- Your case was finalised at court and a conviction was not imposed against you, or
- You are under 15 years of age when you committed the offence, or
- Your penalty was imposed in the Children’s Court.
Sometimes, the court will attach conditions to your penalty. These conditions must be satisfied or completed before your record will be spent.
When will my criminal record not be automatically cleared or spent?
If the court imposes a penalty against you and imposes a conviction, generally, your record cannot be spent until;
- 10 years have passed since the conviction was imposed.
- That period may be reduced to five years if you were a child or a young person when you were found guilty.
Can serious convictions be automatically cleared or spent?
If your court matter was a serious conviction, your record will not expire or be spent automatically, and you may need to apply to the Magistrates’ Court for a spent conviction order.
A serious conviction is defined under the Act as;
- Your penalty for your offence included a prison term of more than 30 months, or
- It related to a sexual offence which did not include a prison term, or
- It was a serious violence offence which did not include a prison term.
Generally, applications to the court can only be made upon a period of 10 years passing since the penalty was imposed.
If you were a child, or a young person, at the time the penalty was imposed, then generally you must wait 5 years before you can make an application to the court for a spent conviction order.
When can spent convictions still be disclosable to third parties?
In some instances, even though the law says your conviction is spent, or expired, it may still be disclosable to some third parties. When you are applying for particular licences or permits or seeking employment for particular agencies then an otherwise spent conviction may be disclosed.
Examples may include;
- When you are applying for a licence or a permit for a particular activity.
- When you are applying for a matter which involves working with children, or the care of children or working with children checks.
- When you are applying to be a health practitioner.
- Commercial driving accreditations.
- Jobs with government agencies – this could include departments such as public transport, disability, and jobs with the Department of Justice.
- When you are applying to be a marriage celebrant.
- When your application relates to immigration, firearms, gambling, teaching or to being a lawyer.
This list is not exhaustive.
This is a general outline of the law relating to spent convictions in Victoria. It is a general guide only, and if you require specific advice, you would be best to contact our firm.
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