A criminal record can have lasting consequences on a person’s life by affecting their ability to find employment, obtain housing, or travel overseas. This can be especially damaging for a person whose conviction may not reflect their current character and rehabilitation. This is where a spent conviction comes in.
What are spent convictions?
A “spent conviction” is a legal term used in Australia to describe convictions for offences in a person’s criminal record that have expired. In other words, the conviction is considered “spent”.
Once a person’s conviction is spent, they are not required to disclose information about the prior conviction to any other person for most purposes.
When does a conviction become a spent conviction?
In New South Wales, the Criminal Records Act 1991 governs spent convictions for relatively minor criminal offences. Under this Act, most offences in a person’s criminal record can expire and become spent. For these offences to expire, certain conditions must be met. The conditions differ for adults and children.
For adults, convictions can become spent when:
- 10 years have passed since the conviction was recorded, and
- During this period, the person did not commit any other offence punishable by prison, and
- During this period, the person was not convicted of any offence punishable by prison and was not in prison or unlawfully absconded.
For children, convictions can become spent when:
- Three years have passed since the conviction was recorded, and
- During this period, the person did not receive a control order, or
- During this period, the person did not unlawfully abscond.
Convictions that cannot become spent are:
- Convictions where a prison sentence of more than 6 months was imposed, such as for murder or rape.
- Sexual offences.
- Convictions against companies and other corporate bodies.
- Convictions for certain professional offences, such as medical or legal misconduct.
Can spent convictions ever be disclosed?
Even if a conviction is spent, it doesn’t mean all records of the conviction completely disappear. The conviction is still noted on the person’s criminal history and may be disclosed in certain circumstances.
For example, if a person applies for a job that involves working with vulnerable people under the National Disability Insurance Scheme (NDIS) or requires a police check, they may need to disclose their spent convictions.
Additionally, law enforcement agencies, including NSW Police, may disclose the spent conviction to other law enforcement agencies or a court in compliance with an order from the court.
It is a criminal offence to unlawfully disclose information about a person’s spent conviction. The unlawful disclosure of a person’s spent conviction records has a maximum penalty of $5,500 or imprisonment for 6 months, or both.
Nyman Gibson Miralis provides expert advice and representation to clients charged with all types of criminal offences.
Contact us if you require assistance.
