What Is a Spent Conviction?

A criminal conviction can have long-lasting consequences, affecting employment, professional registration, volunteering, travel and other opportunities. However, Victoria now has a spent convictions scheme that allows many convictions to become “spent” after a period of time or, in some cases, following a successful application to the Magistrates’ Court. 

If you are wondering what a spent conviction is, it is important to understand how the scheme operates and whether your conviction may qualify.

What Is a Spent Conviction?

A spent conviction is a conviction that no longer forms part of your criminal record for most purposes under the Spent Convictions Act 2021 (Vic).

Once a conviction becomes spent, you will generally not have to disclose it to employers or other organisations, and it will usually not appear on an ordinary National Police Check.

The purpose of the spent convictions scheme is to recognise that people who have demonstrated rehabilitation should not necessarily continue to be disadvantaged by old criminal convictions.

However, there are important exceptions. Certain government agencies, courts, licensing bodies and screening authorities can still access spent conviction information in circumstances authorised by law.

How Does a Conviction Become Spent?

There are three main ways a conviction can become spent in Victoria.

Immediate Spent Convictions

Some findings become spent immediately.

This includes findings of guilt where no conviction is recorded. Where the sentence includes conditions, the finding generally becomes spent once those conditions have been completed.

Certain findings relating to children and other specific categories under the legislation may also become spent immediately.

Automatic Spent Convictions

Many recorded convictions become spent automatically after the conviction period expires.

For adults, the conviction period is generally 10 years. For children and young offenders, it is generally 5 years.

Provided the conviction is not a serious conviction and the requirements of the legislation are met, no application to the court is required.

Spent Conviction Orders

Some convictions do not become spent automatically.

Instead, an eligible person may apply to the Magistrates’ Court for a spent conviction order.

This process applies to certain serious convictions that satisfy the eligibility requirements under the Spent Convictions Act 2021 (Vic). The court will consider matters such as the nature of the offending, your rehabilitation and any risk to the community before deciding whether to grant the application.

What Is the Difference Between a Spent Conviction and a Non-Conviction?

These concepts are often confused.

A non-conviction occurs when the court finds you guilty but decides not to record a conviction under section 8 of the Sentencing Act 1991 (Vic).

A spent conviction, on the other hand, usually involves a conviction that was recorded but has later become spent under the Spent Convictions Act 2021 (Vic).

Both outcomes can significantly reduce the long-term impact of criminal proceedings, but they arise in different ways.

Are All Convictions Eligible to Become Spent?

No.

Some convictions are excluded from automatic spent conviction provisions.

Others require a successful application to the Magistrates’ Court before they become spent.

Whether a conviction is eligible depends on factors including:

• the nature of the offence;

• the sentence imposed;

• your age at the time of the finding of guilt;

• how much time has passed; and

• whether the conviction is classified as a serious conviction under the legislation.

Obtaining legal advice is important if you are unsure whether your conviction qualifies.

What Are the Benefits of a Spent Conviction?

For many people, having a conviction become spent can make a significant difference.

A spent conviction may:

• no longer appear on most criminal record checks;

• remove the obligation to disclose the conviction in many situations;

• improve employment opportunities;

• assist with professional registration; and

• reduce the long-term impact of a past criminal offence.

The precise effect depends on the circumstances, as there are important statutory exceptions for certain occupations, licences and government agencies.

Can a Lawyer Help?

Yes.

A lawyer can advise whether your conviction has already become spent, whether it will become spent automatically or whether you may be eligible to apply for a spent conviction order through the Magistrates’ Court.

If your criminal matter is still before the court, obtaining legal advice early may also improve your prospects of avoiding a recorded conviction altogether.

Speak to Wilkinson Lawyers

If you want to know whether your conviction is spent or whether you are eligible to apply for a spent conviction order, Wilkinson Lawyers can help. We regularly advise clients throughout Victoria on the spent convictions scheme, non-conviction outcomes and criminal record issues. We can explain your options and help you minimise the long-term impact of a criminal conviction.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.