What is a Spent Conviction?
When applying for a visa, adoption, certain types of employment or to volunteer for certain organisations, it may be necessary to disclose any prior convictions to the respective institution or authority. There are some instances however, where you would not need to disclose prior offences that were committed at least 10 years prior. This is because some offences are capable of becoming ‘spent’ after a good behaviour period of 10 years.
In order for a conviction to be spent, an adult must have completed a 10 year crime-free period from the date of the conviction. For children, this crime-free period is 3 years. During those 10 years, the given conviction will appear on the person’s criminal record, however, after the 10 years (provided the person has not been convicted of any other offences in the meantime), the conviction will no longer show as a ‘disclosable court outcome’ on the person’s record.
How do I prove that I do not have any disclosable convictions?
A National Police Certificate (criminal record) is proof of a person’s disclosable convictions. The Certificate includes information on ‘all disclosable outcomes’, which consist of any findings of guilt (whether convicted or not). Spent convictions will not appear on this certificate.
For some countries, a fingerprint record may also be required in addition to a National Police Certificate. NB: so what will this show????
Which convictions can be spent?
Convictions for all offences other than the following are capable of becoming spent:
(a) convictions for which a prison sentence of more than 6 months has been imposed,
(b) convictions for sexual offences,
(c) convictions imposed against bodies corporate,
(d) convictions prescribed by the regulations.
How can Prime Lawyers help you?
For assistance with obtaining a National Police Certificate, or if you require advice as to what information you are and are not obliged to disclose when requested to provide background details, Prime Lawyers can help.
We can also make such applications for National Police Certificates (your criminal record) on your behalf for $350 + GST, plus the filing fee (either $52 or $175 if fingerprints are required).