If you’ve been charged or convicted of an offence, it doesn’t necessarily mean it has to follow you for the rest of your life.
Depending on the offence, the sentence, and how much time has passed, you may be eligible to apply for that record to be removed or hidden, giving you the opportunity to move forward without old charges standing in your way. But navigating that process isn’t easy, and it often requires the help of a criminal lawyer who understands the legal and procedural steps involved.
Here’s what you need to know about clearing your record — and how a lawyer to help with expungement can ensure the process is done properly.
Understanding Expungement in Australia
In Australia, we don’t typically use the word “expungement” the way other jurisdictions (like the United States) do. Here, it’s more often referred to as a spent conviction or a record suppression, and the rules vary significantly depending on the state or territory.
In Victoria, for example, certain convictions can automatically become spent after a set amount of time, meaning they no longer appear on a police check. In other cases, especially where the conviction is more serious or doesn’t qualify automatically, you may need to apply to have it removed. There’s also specific legislation in place that allows for the formal expungement of historical offences that are no longer considered crimes.
A criminal lawyer can help you identify which pathway (if any) applies to your situation and guide you through the next steps.
Who’s Eligible to Have a Conviction Removed?
Every state and territory has slightly different rules, but in general, a conviction may become spent if:
- A certain number of years have passed since the sentence was completed (usually 5 years for children, 10 years for adults)
- You haven’t reoffended during that time
- The offence wasn’t considered serious, sexual, or violent in nature
- You weren’t sentenced to a prison term beyond a certain threshold.
Some offences — like murder, sexual assault, and serious indictable crimes — may never become spent.
It’s also worth noting that not all convictions are automatically spent once the waiting period has passed. In some cases, you may need to apply and demonstrate why it should be removed. That’s where legal advice will be essential.
Why People Apply to Clear Their Record
We often speak to people who have turned their lives around, but still find their past catching up with them. A conviction on your record can affect:
- Employment opportunities (especially where a police check is required)
- Travel and visa applications
- Access to certain housing, education, or volunteer programs
- Peace of mind — simply not having to explain the past over and over again.
In short, it can limit your ability to move forward. Clearing your record doesn’t erase what happened, but it does give you a chance to focus on what’s ahead without a permanent mark against your name.
How a Criminal Lawyer Can Help
Applying to have a conviction removed can be straightforward or complex, depending on the case. An experienced criminal lawyer to help with expungement can:
- Assess your eligibility under your state’s specific legislation
- Help you gather evidence showing rehabilitation, good behaviour and lack of reoffending
- Prepare written submissions where required. Especially if your application involves a discretionary element
- Explain your options if you’re not eligible under the automatic scheme.
They’ll also ensure you’re not caught out by technicalities, missing documents, or incomplete applications that could delay or derail the process.
If you’re unsure about where you stand, it’s better to get clear advice early. A short consultation may save you weeks or months of back and forth with police, government departments or tribunals.
Common Challenges in Clearing a Record
Not every application is smooth. Some of the issues we see include:
- Multiple convictions, where some are eligible to be spent, and others are not
- Confusion around when the waiting period begins (usually from the date the sentence was completed, not the date of conviction)
- Convictions from other states or countries, which may fall under different rules
- Charges that resulted in a diversion or discharge, where it’s unclear if anything remains on the record.
Having a lawyer to help with expungement can also guide you in making sense of these grey areas and determine whether it’s worth proceeding with an application. And if so, how to give it the best chance of success.
Next Steps if You’re Thinking About Applying
If you want to move forward with a spent conviction or expungement application, the first step is to get a copy of your criminal record. This helps confirm exactly what appears and which offences may qualify under the relevant scheme.
From there, you can book a consultation with a criminal lawyer to:
- Review your record and confirm your eligibility
- Understand your legal options and the steps involved
- Get help preparing the application and any supporting material.
Even if you’re not eligible right now, a lawyer can explain when you might become eligible and what to do in the meantime.
Ready to Take the First Step?
A past conviction doesn’t have to shape your future. If you’re looking to clear your record, our team of criminal lawyers understand the process and how to navigate it according to your situation.
At Galbally Parker, we’ve helped people across Victoria to have their records removed or suppressed. We take the time to understand your circumstances and guide you through the process with clarity and care.
Contact our criminal law team to find out if you’re eligible and how we can help you move forward.
