Our team can assist clients in preparing and presenting strong applications for spent convictions, helping you move forward with greater peace of mind.

What is a Spent Conviction?

A spent conviction means that, while the conviction still exists on your private criminal record, it generally will not appear on a National Police Clearance and does not have to be disclosed in most situations.

A spent conviction:

• does not remove or overturn the original penalty or sentence;
• still appears on your record for court and police use (such as bail or sentencing for future offences); and,
• limits your obligation to disclose the offence to employers, licensing bodies, and other institutions

However, there are exceptions. You must still disclose a spent conviction in certain situations, including:

• Applying for jobs in law enforcement, corrections, or public transport.
• Working with children or applying for a Working With Children Check.
• Applying for specific licences (e.g. security, firearms, childcare provider, or casino employee).
• Visa or citizenship applications.

Why apply for a Spent Conviction?

A recorded conviction can create major obstacles when applying for:

• Employment.
• Housing or education.
• Professional or trade licences.
• Overseas travel.

Obtaining a spent conviction can reduce the long-term impact of a past mistake and help protect your reputation and future prospects. It may be especially valuable if the offence is minor, isolated, and not reflective of your character today.

When can a Spent Conviction be granted?

There are two main ways a conviction can be declared spent:

1. At the time of sentencing.
2. After 10 years without reoffending.

At the time of sentencing:
A Court may grant a Spent Conviction Order if it does not impose any penalty or if it imposes one of the following:

• a conditional release order;
• a fine; or,
• a community-based order

A Court cannot grant a spent conviction if imprisonment (even suspended) or an intensive supervision order is imposed.

To grant a Spent Conviction Order, the Court must be satisfied that:

• you are unlikely to reoffend
• you are of good character or the offence is minor
• the conviction would have a disproportionate adverse impact on your future

For older convictions:
You may also apply to have past convictions spent after 10 years without reoffending.

• Lesser convictions (e.g. fines under $15,000 or imprisonment ≤ 1 year): Apply through WA Police.
• Serious convictions (e.g. imprisonment > 1 year or fines > $15,000): Apply to the District Court.

What is involved in the application?

We assist clients in presenting a well-supported application, which often includes:

• Character references (usually 3–4) from people who are aware of your charges.
• Evidence of rehabilitation, such as counselling or completion of programs.
• Proof of employment, education, or other personal circumstances.

Our lawyers will advise you on eligibility, guide you through what evidence is required, and advocate for you in court to give your application the best chance of success.

Want to clear your record? Contact us today for expert advice and assistance with your Spent Conviction Application.